1.

Shipbroker RECOMMEDED THE BALTIC AND INTERNATIONAL MARITIME COUNCIL

UNIFORM GENERAL CHARTER (AS REVISED 1922, 1976 AND 1994 )
(TO BE USED FOR TRADES FOR WHICH NO SPECIALLY APPROVED FORM IS IN
FORCE)
CODE NAME: GENCON PART I

2. Place and date

3. Owners/Place of business (Cl 1) 4. Charterers/Place of business (Cl 1)

5. Vessel´s Name (Cl 1) 6. GT/NT (Cl. 1)

7. DWT all told on summer load line in metric tons (abt.)(Cl. 1) 8. Present position (Cl. 1)

9. Expected ready to load (abt.)(Cl. 1)

10. Loading port or place (Cl. 1) 11. Discharging port or place (Cl. 1)

12. Cargo (also state quantity and margin in Owner´s option, if agreed; if full and complete cargo not agreed state “part cargo” (Cl. 1)

13. Freight rate (also state whether freight prepaid or payable on delivery)(Cl.4) 14. Freight payment (state currency and method of payment; also beneficiary
and bank account)(Cl. 4)

15. State if vessel’s cargo handling gear shall not be used(Cl.5) 16. Laytime (if separate laytime for load, and disch, is agreed, fill in a) and b). If
total laytime for load, and disch, fill in c) only)(Cl. 6)

17.Shippers / Place of business (CL. 6) a) Laytime for loading

18. Agents (loading)(Cl.6) b) Laytime for discharging

19. Agents (discharging)(Cl.6) c) Total laytime for loading and discharging

see rider clause 32.
20. Demurrage rate and manner payable (loading and discharging)(Cl. 7) 21.Cancelling date (Cl. 9)

22. General Average to be adjusted at (Cl.12)

23. Freight Tax (state if for Owners’ account) (Cl. 13 (c))

24. Brokerage commission and to whom payable (Cl.15)

25. Law and Arbitration (state 19 (a), 19 (b) or 19 (c) of Cl. 19; if 19 (c) agreed
also state Place of Arbitration) (If not filled in 19 (a) shall apply) (Cl.19)

(a) State maximum amount for small claims/shortened arbitration (Cl.19) 26. Additional clauses covering provisions, if agreed

It is mutually agreed that this Contract shall be performed subject to the conditions contained in this Charter which shall include Part I as well as 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.

Signature (Owners) Signature (Charterers)

 PART II
“Gencon” Charter (As Revised 1922, 1976 and 1994)

1 1. It is agreed between the party mentioned in Box 3 as the Owners of the Vessel 104 the discharging port to be given to the Receivers or, if not known, the Charterers
2 named in Box 5, of the GT/NT indicated in box 6 and carrying about the number of 105 or their agents named in box 19.
3 metric tons of deadweight capacity all told on summer loadline stated in Box 7, 106 If the loading/discharging berth is not available on the vessel’s arrival at or off the
4 now in position as stated in Box 8 and expected ready to load under this Charter 107 port of loading /discharging, the vessel shall be entitled to give notice of readiness
5 Party about the date indicated in Box 9, and the party mentioned as the 108 within ordinary office hours on arrival there, whether in port or not, whether in
6 Charterers in box 4 that: 109 berth or not, whether in free pratique or not , whether customs cleared or not.
7 The said Vessel shall, as soon as her prior commitments have been completed, 110 Laytime or time on demurrage shall be then count as if she were in berth and in all
8 proceed to the loading port(s) or place(s) stated in Box 10 or so near thereto as 111 respects ready to for loading/discharging provided that the Master warrants that
9 she may safely get and lie always afloat, and there load a full and complete cargo 112 she is in fact ready in all respects. Time used in moving from the place of waiting
10 (if shipment of deck cargo agreed same to be at the Charterers’ risk and 113 to the loading/discharging berth shall not count as laytime.
11 responsibility) as stated in Box 12, which the Charterers bind themselves to ship, 114 If, after inspection, the vessel is found not to be ready in all respects to load/
12 and being so loaded the Vessel shall proceed to the discharging port(s) or 115 discharge time lost after the discovery thereof until the vessel is again ready to
13 place(s) stated in Box 11 as ordered on signing Bills of Lading, or so near thereto 116 load/discharge shall not count as laytime.
14 as she may safely get and lie always afloat, and there deliver the cargo. 117 Time used before commencement of laytime shall count.

15 2. Owners’ Responsibility Clause. 118 *indicate alternative (a) or (b) as agreed, in box 16.
16 The Owners are to be responsible for loss of or damage to the goods or for delay
17 in delivery of the goods only in case the loss, damage or delay has been caused 119 7. Demurrage
18 by personal want of due diligence on the part of the Owners or their Manager to 120 Demurrage at the loading and discharging port is payable by the Charterers at the
19 make the Vessel in all respects seaworthy and to secure that she is properly 121 rate stated in box 20 in the manner stated in box 20 per day or pro rata for any
20 manned, equipped and supplied, or by the personal act or default of the Owners 122 part of a day. Demurrage shall fall due day by day and shall be payable upon
21 or their Manager. 123 receipt of the owners’ invoice.
22 And the Owners are not responsible for loss, damage or delay arising from any 124 In the event the demurrage is not paid in accordance with the above, the Owners
23 other cause whatsoever, even from the neglect or default of the Master or crew or 125 shall give the Charterers 96 running hours written notice to rectify the failure. If the
24 some other person employed by the Owners on board or ashore for whose acts 126 demurrage is not paid at the expiration of this time limit and if the vessel is in or at
25 they would, but for this Clause, be responsible, or from unseaworthiness of the 127 the loading port, the owners are entitled at any time to terminate the Charter Party
26 Vessel on loading or commencement of the voyage or at any time whatsoever. 128 and claim damages for any losses caused thereby.

27 3. Deviation Clause 129 8. Lien Clause

28 The vessel has liberty to call at any port or ports in any order, for any purpose, to 130 The Owners shall have a lien on the cargo and on all sub-freights payable in
29 sail without pilots, to tow and/or assist Vessels in all situations, and also to deviate 131 respect of the cargo, for freight, dead-freight, demurrage, claims for damages and
30 for the purpose of saving life and/or property. 132 for all other amounts due under this Charter Party including recovering same.

31 4. Payment of Freight 133 9. Cancelling clause

32 (a)The freight at the rate stated in Box 13 shall be paid in cash calculated on the 134 (a)Should the vessel not be ready to load (whether in berth or not) on the
33 intaken quantity of cargo. 135 canceling date indicated in box 21, the Charterers shall have the option of
34 (b)Prepaid. If according to Box 13 freight is to be paid on shipment, it shall be 136 canceling this Charter Party.
35 deemed earned and non-returnable, Vessel and/or cargo lost or not lost. Neither 137 (b)Should the owners anticipate that, despite the exercise of due diligence, the
36 the Owners nor their agents shall be required to sign or endorse bills of lading 138 vessel will not be ready to load by the canceling date, they shall notify the
37 showing freight prepaid unless the freight due to the Owners has actually been 139 Charterers thereof without delay stating the expected date of the vessel’s
38 paid. 140 readiness to load and asking whether the Charterers will exercise their option of
39 (c )On delivery. If according to Box 13 freight or part thereof, is payable at 141 canceling the Charter Party, or
40 destination it shall not be deemed earned until the cargo is thus delivered. 142 agree to a new canceling date. Such option must be declared by the Charterers
41 Notwithstanding the provisions under (a), if freight or part thereof is payable on 143 within the 48 running hours after the receipt of the owners’ notice. If the
42 delivery of the cargo the Charterers shall have the option of paying the freight on 144 Charterers do not exercise their option of canceling, then this Charter Party shall
43 delivered weight/quantity provided such option is declared before breaking bulk 145 be deemed to be amended such that the seventh day after the new readiness
44 and weight/quantity can be ascertained by official weighing machine, joint draft 146 date stated in the owners’ notification to the Charterers shall be the new canceling
45 survey or tally. 147 date.
46 Cash for vessel’s ordinary disbursements at the port of loading to be advanced by 148 The provisions of sub-clause (b) of this Clause shall operate only once, and in
47 the Charterers, if required, at highest current rate of exchange, subject to two (2) 149 case of the vessel’s further delay, the Charterers shall have the option of
48 per cent to cover insurance and other expenses. 150 canceling the Charter Party as per sub-clause (a) of this Clause.

49 5. Loading / Discharging.
151 10. Bills of Lading
50 (a)Costs/Risks
152 Bills of Lading to be presented signed by the Master as per the “Congenbill” Bill of
51 The cargo shall be brought into holds, loaded, stowed and/or trimmed, tallied,
153 Lading form, Edition 1994, without prejudice to this Charter Party, or by the
52 lashed and/or secured and taken from the holds and discharged by the
154 owners’ agents provided written authority has been given by owners to the
53 Charterers, free of any risk, liability and expense whatsoever to the owners. The
155 agents, a copy of which is to be furnished to the Charterers. The Charterers shall
54 Charterers shall provide and lay all dunnage material as required for the proper
156 indemnify the owners against all consequences or liabilities that may arise from
55 stowage and protection of the cargo on board, the owners allowing the use of all
157 the signing of bills of lading as presented to the extent that the terms or contents
56 dunnage available on board. The Charterers shall be responsible for and pay the
158 of such bills of lading impose or result in the imposition of more onerous liabilities
57 cost of removing their dunnage after discharge of the cargo under this Charter
159 upon the owners than those assumed by the owners under this charter party.
58 Party and time to count until dunnage has been removed. 160 11. Both-to-Blame Collision Clause
59 (b)Cargo Handling Gear 161 If the vessel comes into collision with another vessel as a result of the negligence
60 Unless the vessel is gearless or unless it has been agreed between the parties 162 of the other vessel and any act, neglect or default of the master, mariner, pilot or
61 that the vessel’s gear shall not be used and stated as such in box 15, the owners 163 the servants of the owners in the navigation or in the management of the vessel,
62 shall throughout the duration of loading/discharging give free use of the vessel’s 164 the owners of the cargo carried hereunder will indemnify the owners against all
63 cargo handling gear and of sufficient motive power to operate all such cargo 165 loss or liability to the other or non-carrying vessel or her owners in so far as such
64 handling gear. All such equipment to be in good working order. Unless caused by 166 loss or liability represents loss of, or damage to, or any claim whatsoever of the
65 negligence of stevedores, time lost by breakdown of the vessel’s cargo handling 167 owners of said cargo, paid or payable by the other or non-carrying vessel or her
66 gear or motive power – pro rata the total number of cranes/winches required at 168 owners to the owners of said cargo and set-off, recouped or recovered by the
67 that time for the loading/discharging of cargo under this Charter Party - shall not 169 other or non- carrying vessel or her owners as part of their claim against the
68 count as laytime or time on demurrage. On request the owners shall provide free 170 carrying vessel or the owners. The foregoing provisions shall also apply where the
69 of charge cranemen / winchmen from the crew to operate the vessel’s cargo 171 owners, operators or those in charge of any vessel or vessels or objects other
70 handling gear, unless local regulations prohibit this, in which latter event shore 172 than, or in addition to, the colliding vessels or objects are at fault in respect of a
71 labourers shall be for the account of Charterers. Cranemen/winchmen shall be 173 collision or contract.
72 under the Charterers’ risk and responsibility and as stevedores to be deemed as 174 12. General Average and New Jason Clause
73 their servants but shall always work under the supervision of the Master. 175 General Average shall be adjusted in London unless otherwise agreed in box 22
74 (c )Stevedore Damage 176 according to York-Antwerp Rules 1994 and any subsequent modification thereof.
75 The Charterers shall be responsible for damage (beyond ordinary wear and tear) 177 Proprietors of cargo to pay the cargo’s share in the general expenses even if
76 to any part of the vessel caused by stevedores. Such damage shall be notified 178 same have been necessitated through neglect or default of the owners’ servants
77 as soon as reasonably possible by the Master to the Charterers or their agents 179 (see clause 2).
78 and to their stevedores, failing which the Charterers shall not be held responsible. 180 If General Average is to be adjusted in accordance with the law and practice of the
79 The Master shall endeavor to obtain the stevedores’ written acknowledgement of 181 United States of America, the following clause shall apply: “In the event of
80 liability. 182 accident, danger, damage or disaster before or after the commencement of the
81 The Charterers are obliged to repair any stevedore damage prior to completion of 183 voyage, resulting from any cause whatsoever, whether due to negligence or not,
82 the voyage, but must repair stevedore damage affecting the vessel’s 184 for which, or for the consequence of which, the owners are not responsible, by
83 seaworthiness or class before the vessel sails from the port where such damage 185 statute, contract or otherwise, the cargo shippers, consignees or the owners of the
84 was caused or found. All additional expenses incurred shall be for the account of 186 cargo shall contribute with the owners in General Average to the payment of any
85 the Charterers and any time lost shall be for the account and shall be paid to the 187 sacrifices, losses or expenses of a General Average nature that may be made or
86 owners by the Charterers at the demurrage rate 188 incurred and shall pay salvage and special charges incurred respect of the cargo.
87 6. Laytime
189 If a salving vessel is owned or operated by the owners, salvage shall be paid for
88 (a)Separate laytime for loading and dischargingThe cargo shall be loaded within
190 as fully as if the said salving vessel or vessels belonged to strangers. Such
89 the number of running days/hours as indicated in box16, weather permitting,
191 deposit as the owners, or their agents, may deem sufficient to cover the estimated
90 Sundays and Holidays excepted, unless used, in which event time used shall
192 contribution of the goods and any salvage and special charges thereon shall, if
91 count. The cargo shall be discharged within the number of running days/hours as
193 required, be made by the cargo, shippers, consignees or owners of the goods to
92 indicated in box 16, weather permitting, Sundays and Holidays excepted, unless
194 the owners before delivery”.
93 used, in which event time used shall count. 195 13. Taxes and Dues Clause
94 * (b)Total laytime for loading and discharging 196 (a)On Vessel – The owners shall pay all dues, charges and taxes customarily
95 The cargo shall be loaded and discharged within the number of total running 197 levied on the vessel, howsoever the amount thereof may be assessed.
96 hours/days as indicated in box 16, weather permitting, Sundays and Holidays 198 (b)On Cargo – The Charterers shall pay all dues, charges, duties and taxes
97 excepted, unless used, in which event time used shall count. 199 customarily levied on the cargo, howsoever the amount thereof may be assessed.
98 (c ) Commencement of laytime (loading and discharging) 200 (c )On Freight – Unless otherwise agreed in box 23, taxes levied on the freight
99 Laytime for loading and discharging shall commence at 13:00 hours, if notice of 201 shall be for the Charterers’ account.
100 readiness is given up to and including 12:00 hours, and at 06:00 hours next
101 working day if notice given during office hours after 12:00 hours. Notice of
202 14. Agency
102 readiness at loading port to be given to the shippers named in box 17 or if not
203 In every case the owners shall appoint their own agent both at the port of loading
103 named, to the Charterers or their agents named in box 18. Notice of readiness at
204 and the port of discharge.
205 15. Brokerage 312 (b) to comply with the orders, directions or recommendations of any war risks
206 A brokerage commission at the rate stated in box 24 on the freight, dead-freight 313 underwriters who have the authority to give the same under the terms of the war
207 and demurrage earned is due to the party mentioned in box 24. 314 risks insurance;
208 In case of non-execution 1/3 of the brokerage on the estimated amount of freight 315 (c ) to comply with the terms of any resolution of the Security Council of the United
209 to be paid by the party responsible for such non-execution to the brokers as 316 Nations, any directives of the European Community, the effective orders of any
210 indemnity for the latter’s expense and work. In case of more voyages the amount 317 other Supranational body which has the right to issue and give the same, and with
211 if indemnify to be agreed. 318 national laws aimed at enforcing the same to which the owners are subject, and to
319 obey the orders and directions of those who are charged with their enforcement;
212 16. General Strike Clause. 320 (d) to discharge at any other port any cargo or part thereof which may render the
213 (a)If there is a strike or lock-out affecting or preventing the actual loading of the 321 vessel liable to confiscation as a contraband carrier;
214 cargo, or any part of it, when the vessel is ready to proceed from her last port or at 322 (e) to call at any other port to change the crew or any part thereof or other
215 any time during the voyage to the port or ports of loading or after her arrival there, 323 persons on board the vessel when there is reason to believe that they may be
216 the master or the owners may ask the Charterers to declare, that they agree to 324 subject to internment, imprisonment or other sanctions;
217 reckon the laydays as if there were no strike or lock-out. Unless the Charterers 325 (f) where cargo has not been loaded or has been discharged by the owners under
218 have given such declaration in writing (by telegram, if necessary) within 24 hours, 326 any provisions of this clause, to load other cargo for the owners’ own benefit and
219 the owners shall have the option of canceling this charter party. If part cargo has 327 carry it to any other port or ports whatsoever, whether backwards or forwards or in
220 already been loaded, the owners must proceed with same, (freight payable on 328 a contrary direction to the ordinary or customary route.
221 loaded quantity only) having liberty to complete with other cargo on the way for
222 their own account.
329 6) If in compliance with any of the provisions of sub-clauses (2) and (5) of this clause
223 (b)If there is a strike or lock-out affecting or preventing the actual discharging of
330 anything is done or not done, such shall not be deemed to be a deviation, but
224 the cargo on or after the vessel’s arrival at or off port of discharge and same has
331 shall be considered as due fulfillment of the Contract of Carriage.
225 not been settled within 48 hours, the Charterers shall have the option of keeping 332 18. General Ice Clause
226 the vessel waiting until such strike lock-out is at an end against paying half 333 PORT OF LOADING
227 demurrage after expiration of time provided for discharging until the strike or lock- 334 (a) In the event of the loading port being inaccessible by reason of ice when the
228 out terminates and thereafter full demurrage shall be payable until the completion 335 vessel is ready to proceed from her last port or at any time during the voyage or
229 of discharging, or of ordering the vessel to a safe port where she can safely 336 on the vessel’s arrival or in case frost sets in after the vessel’s arrival, the Master
230 discharge without risk of being detained by strike or lock-out. Such orders to be 337 for fear of being frozen in is at liberty to leave without cargo, and this Charter Party
231 given within 48 hours after the master or the owners have given notice to the 338 shall be null and void.
232 Charterers of the strike or lock-out affecting the discharge. On delivery the cargo 339 (b) If during loading Master, for fear of the vessel being frozen in, deems it
233 at such port, all the conditions of this charter party and of the Bill of Lading shall 340 advisable to leave, he has the liberty to do so with what cargo he has on board
234 apply and the vessel shall receive the same freight as if she had discharged at the 341 and to proceed to any other port or ports with option of completing cargo for the
235 original port of destination, except that if the distance to the substituted port 342 owners’ benefit for any port or ports including port of discharge. Any part cargo
236 exceeds 100 nautical miles, the freight on the cargo delivered at the substituted 343 thus loaded under this Charter Party to be forwarded to destination at the vessel’s
237 port to be increased in proportion. 344 expense but against payment of freight, provided tat no extra expenses be thereby
238 (c )Except for the obligations described above, neither the Charterers not the 345 caused to the Charterers, freight being paid on quantity delivered (in proportion if
239 owners shall be responsible for the consequences of any strikes or lock-outs 346 lumpsum), all other conditions as per this Charter Party.
240 preventing or affecting the actual loading or discharging of the cargo. 347 (c ) In case of more than one loading port, and if one or more of the ports are
241 17. War Risks(“Voywar 1993”)
348 closed by ice, the master or the owners to be at liberty either to load the part cargo
242 1) For the purpose of this clause, the words:
349 at the open port and fill up elsewhere for their own account as under section (b) or
243 The “Owners” shall include the shipowners, bareboat Charterers, disponent
350 to declare the Charter Party null and void unless the Charterers agree to load full
244 owners, managers or other operators who are charged with the management of
351 cargo at the open port.
245 the vessel, and the Master; and 352 PORT OF DISCHARGE
246 ”War Risks” shall include any war (whether actual or threatened), act of war, 353 (a) Should ice prevent the vessel from reaching port of discharge the Charterers
247 civil war, hostilities, revolution, rebellion, civil commotion, warlike operations, 354 shall have the option of keeping the vessel waiting until the re-opening of
248 the laying of mines (whether actual or reported), acts of piracy, acts of 355 navigation and paying demurrage or of ordering the vessel to a safe and
249 terrorists, acts of hostility or malicious damage, blockades(whether imposes 356 immediately accessible port where she can safely discharge without risk of
250 against all vessels or imposed selectively against vessels of certain flags or 357 detention by ice. Such orders to be given within 48 hours
251 ownership, or against certain cargoes or crews or otherwise howsoever), by any 358 after the master or the owners have given notice to the Charterers of impossibility
252 person, body, terrorist or political group, or the Government of any state 359 of reaching port of destination.
253 whatsoever, which, in the reasonable judgement of the master and/or the 360 (b) If during discharging the master for fear of the vessel frozen in deems it
254 owners, may be dangerous or are likely to be or to become dangerous to the 361 advisable to leave, he has liberty to do so with what cargo he has on
255 vessel, her cargo , crew or other persons on board the vessel. 362 board and to proceed to the nearest accessible port where she can safely
256 2) If any time before the vessel commences loading, it appears that, in the 363 discharge.
257 reasonable judgement of the master and/or the owners, performance of the 364 (c ) On delivery of the cargo at such port, all conditions of the Bill of Lading shall
258 Contract of Carriage, or any part of it, may expose, or is likely to expose, the 365 apply and the vessel shall receive the same freight as if she had discharged at the
259 vessel, her cargo, crew or other persons on board the vessel to War Risks, the 366 original port of destination, except that if the distance of the substituted port
260 owners may give notice to the Charterers canceling this Contract of Carriage, or 367 exceeds 100 nautical miles, the freight on the cargo delivered at the substituted
261 may refuse to perform such part of it as may expose, or may be likely to 368 port to be increased in proportion.
262 expose, the vessel, her cargo, crew or other persons on board the vessel to
263 War Risks; provided always that if this Contract of Carriage provides that 369 19. Law and arbitration
264 loading or discharging is to take place within a range of ports, and at the port of 370 * (a)This Charter Party shall be governed by and construed in accordance with
265 ports nominated by the Charterers the vessel, her cargo, crew or other persons 371 English law and any dispute arising out of this Charter Party shall be referred to
266 onboard the vessel may be exposed, or may be likely to be exposed, to War 372 arbitration in London in accordance with the Arbitration Acts 1950 and 1979 or any
267 Risks, the owners shall first require the Charterers to nominate any other safe 373 statutory modification or re-enactment thereof for the time being in force. Unless
268 port which lies within the range for loading or discharging, and may only cancel 374 the parties agree upon a sole arbitrator, one arbitrator shall be appointed by each
269 this Contract of Carriage if the Charterers shall not have nominated such safe 375 party and the arbitrators so appointed shall appoint a third arbitrator, the decision
270 port or ports within 48 hours of receipt of notice of such requirement. 376 of the three-man tribunal thus constituted or any two of them, shall be final. On the
271 3) The owners shall not be required to continue to load cargo for any voyage, or to 377 receipt by one party nomination in writing of the other party ‘s arbitrator, that party
272 sign Bills of Lading for any port or place, or to proceed or continue on any 378 shall appoint their arbitrator within fourteen days, failing which the decision of the
273 voyage, or on any part thereof , or to proceed through any canal or waterway, 379 single arbitrator appointed shall be final.
274 or to proceed to or remain at any port or place whatsoever, where it appears, 380 For disputes where the total amount claimed by either party dies not exceed the
275 either after the loading of the cargo commences, or at any stage of the voyage 381 amount stated in box 25** the arbitration shall be conducted in accordance with
276 thereafter before the discharge of the cargo is completed, that, in the 382 the Small Claims Procedure of the London Maritime Arbitrators Association.
277 reasonable judgement of the master and/or the owners, the vessel, her cargo 383 * (b) This Charter Party shall be governed by and construed in accordance with
278 (or any part thereof), crew or other persons on board the vessel (or any one 384 Title 9 of the United States Code and the Maritime Law of the United States and
279 more of them) may be, or are likely to be, exposed to War Risks. If it should so 385 should any dispute arise out of this Charter Party, the matter in dispute shall be
280 appear, the owners may by notice request the Charterers to nominate a safe 386 referred to three persons at New York, one to be appointed by each of the parties
281 port for the discharge of the cargo or any part thereof, and if within 48 hours of 387 hereto, and the third by the two so chosen; their decision or that of any two of
282 receipt of such notice, the Charterers shall not have nominated such a port, the 388 them shall be final, and for purpose of enforcing any award, this agreement may
283 owners may discharge the cargo at any safe port of their choice (including the 389 be made a rule of the Court. The proceedings shall be conducted in accordance
284 port of loading) in complete fulfillment of the Contract of Carriage. The owners 390 with the rules of the Society of Maritime Arbitrators, Inc..
285 shall be entitled to recover from the Charterers the extra expenses of such 391 For disputes where the total amount claimed by either party does not exceed the
286 discharge and, if the discharge takes place at any port other than the loading 392 amount stated in box 25** the arbitration shall be conducted in accordance with
287 port, to receive the full freight as though the cargo had been carried to the 393 the Shortened Arbitration Procedure of the Society of Maritime Arbitrators, Inc..
288 discharging port and if the extra distance exceeds 100 miles, to additional 394 • (c ) Any dispute arising out of this Charter Party shall be referred to arbitration at
289 freight 395 the place indicated in box 25, subject to the procedures applicable there. The
290 which shall be the same percentage of the freight contracted for as the 396 laws of the place indicated in box 25 shall govern this Charter Party.
291 percentage which the extra distance represents to the distance of the normal 397 (d) If Box 25 in Part I is not filled, sub-clause(a) of this Clause shall apply.
292 and customary route, the owners having a lien on the cargo for such expenses 398 * (a), (b) and (c)are alternatives; indicate alternative agreed in box 25.
293 and freight.
294 4) If at any stage of the voyage after the loading of the cargo commences, it 399 ** Where no figure is supplied in box 25 in Part I, this provision only shall
295 appears that, in the reasonable judgement of the master and/or the owners 400 be void but the other provisions of this Clause shall have full force and
296 vessel, her cargo, crew or other persons on board the vessel may be, or are 401 remain in effect.
297 likely to be, exposed to War Risks on any part of the route (including any canal
298 or waterway) which is normally and customarily used in a voyage of nature
299 contracted for, and there is another longer route to the discharging port, the
300 owners shall give notice to the Charterers that this route will be taken. In this
301 event the owners shall be entitled, if the total extra distance exceeds 100 miles,
302 to additional freight which shall be same percentage which the extra distance
303 represents to the distance of the normal and customary route.
304 5) The vessel shall have the liberty: -
305 (a) to comply with all orders, directions, recommendations or advice as to
306 departure, arrival, routes, sailing in convoy, ports of call, stoppages, destinations,
307 discharge of cargo, delivery or in any way whatsoever which are given by the
308 Government of the Nation under whose flag the vessel sails, or other Government
309 to whose laws the owners are subject, or any other Government which so
310 requires, or any body or group acting with the power to compel compliance with
311 their orders or directions;