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Additional Clauses To MV XXXXXX/ Kuwait Steel or Nom Charter Party Dated XXXX

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ADDITIONAL CLAUSES TO

MV XXXXXX/ KUWAIT STEEL OR NOM


CHARTER PARTY DATED XXXX

Clause 18:

Owners' Guarantee
- Vessels is suitable for available port conditions (Draft / Loa / Beam) at both ends
- Vessel is fully fitted to load/stow/carry and trade between load/discharge ports.
- Vessel will be fully classed Lloyds or equivalent throughout the duration this Charter Party.
- Vessel will be fully P &I covered throughout the duration of the Charter Party voyage.
- Vessel will be fully hull and machinery insured for the duration of the Charter Party voyage for
value.
- Owners guarantee that vessel will not be sold or scrapped or redelivered during the currency of
this contract.
- Vessel is in full compliance with ISM code (BIMCO ISM and ISPS clause to be fully incorporated in
the C/P).
- Vessel is not blacklisted / boycotted or arrested due to flag/owners ship/crew
employment/age/past trading.
- Vessel is free of all encumbrances, arrests and maritime liens.
- Vessel is SDBC suitable for loading DRI-B in bulk and fully suitable and acceptable for trading arab
countries.
- Vessel is capable of sailing in good trip stability condition between ports with empty/slack holds
without requiring any, trimming, lashing, securing, etc.
- Vessel’s cranes/derricks are tested/certified to work continuously with lifts of min cap as
described by the owners n serving all ho/ha. In case of cranes break time to be deducted prorata
basis. in case shore crane required cost on owners account
- Vessel is suitable to load/discharge all cargo by grabs
- Owners confirm all holds bilges are in good condition
- ALL CERTS FOR TRADING ARE VALID FOR THE DURATION OF THIS CHARTER
CERTIFICATES ARE ATTACHED: 
1)      CLASS
 
2)      H & M
 
3)      P & I
 
4)      SOLID BULK CARGO
-OWS CONFIRM VSL TANKTOP ARE EVEN SURFACE WITHOUT ANY PROTRUSIONS,SOCKETS ENABLE FREE USE
GRAB / BOBCAT/ SHAWAL OPERATIONS INSIDE THE HOLDS DURING CHATRS LOADING
- OWNERS SHALL EXERCISE DUE DILIGENCE THROUGHOUT THE CURRENCY OF THIS CHARTER PARTY TO ENSURE
THAT THE VESSEL AND HER MASTER, OFFICERS AND CREW COMPLY WITH THE SAFETY, HEALTH AND OTHER
APPLICABLE LAWS AND REGULATIONS OF THE PLACES WHERE SHE TRADES, NECESSARY TO SECURE THE SAFE
AND UNHINDRED LOADING OF THE CARGO, PERFORMANCE OF THE VOYAGE AND DISCHARGING OF THE CARGO.
VSL ON SAILING LOAD PORT AND ARRIVAL DISPORT NOT TO EXCEED THE PERMISSIBLE DRAFT. 
 
- Owners guarantee that vessel is ISM and Y2K compliant.
- That vessel shall proceed to the discharge port with reasonable speed.

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ADDITIONAL CLAUSES TO
MV XXXXXX/ KUWAIT STEEL OR NOM
CHARTER PARTY DATED XXXX

- Owner is responsible for any time lost due to vessels detention/arrest for any reason of non-payment of
port dues, crew wages, class, maintenance, flag registration, bunker, agency dues etc.
- Owners guarantee that vessel is not under UN sanction
- Time to be deducted prorate in case of crane breakdown or slow performance.

- OWNERS CONFIRM THAT OWNER/S AND VESSEL AND VESSEL’S CREW ARE FULLY AWARE ABOUT THE
PRESENT OUTBREAK OF CORONA VIRUS AND CAN COMPLY WITH APPLICABLE RESTRICTIONS AT THE
TIME OF FIXING ANY DELAY IN LOADING AND DISCHARGING OF THE VSL DUE TO CORONAVIRUS PORT
REQUIREMENTS LIMITED TO THE VESSEL & ORITS CREW SHALL BE ON OWNERS ACCOUNT AND TIME
SHALL NOT TO COUNT AS LAYTIME. ANY TIME LOST IN OBTAINING PERMISSION FROM THE PORT
AUTHORITY FOR ENTERING THE VESSEL IN PORT TERRITORY OR WATERS AND/OR BERTHING
AND/OR SAILING OF THE VESSEL DUE TO SAME NOT TO COUNT AS LAYTME OR TIME ON DEMURRAGE.

Clause 19 :Commencement of Laytime:

Notice of Readiness at load port/discharge port to be tendered on vessel's arrival within the port limits
OR OUTER ANCHORAGE WIBON, WICCON, WIFPON or she is at the customary waiting place as directed
by the local port authorities and she is in all respects ready to load the cargo. NOR to be tendered during
day or night fhinc at both ends.

Notice of Readiness to be tendered by Master through agents in writing by Telex/ Email / Fax/cable to
Shippers/ Receivers/Charterers.Should free pratique not be granted for reasons related to vessel, crew,
invalid certificates, etc. then NOR to retender after free pratique granted and vessel is ready in all
respect to load/discharge her cargo.

At load port, OWNER SHALL ALLOW A TOTAL OF 60 HOURS FREE TIME FOR NITROGEN PIPE FIXING,
NITROGEN PURGING AND 12 hrs TURN TIMEfrom NOR timeat load and disport. NOR is to be tendered
On arrival of the vessel within port limits at port of loading and discharge. Time lost in waiting for berth
to count as lay time.

Nitrogen  installing  system  and  nitrogen purging / for fixing nitrogen pipes will be done by shippers/
charterers.

Initial and final draft survey not to count bends even if vessel is on demurrage.

Clause 20: Survey


 
Cargo quantity to be determined at load port and discharge port by draft survey.

 Charterers confirm that they will appoint asurveyor at loadport

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ADDITIONAL CLAUSES TO
MV XXXXXX/ KUWAIT STEEL OR NOM
CHARTER PARTY DATED XXXX

Clause 21 : Stevedore Damage

Should any damage be caused to the vessel or her fittings by the stevedores, the Master shall notify
same in writing to the responsible stevedores under copy to the charterers or their agents at time of
occurrence of the damage but latest within twenty four hours of occurrences. The Master shall use his
best efforts to have the damage repaired or made good by the stevedores without delay and endeavour
to obtain from the stevedores a written acknowledgment specifying the extent of the damage unless the
damage has been repaired or made good in the meantime.

Any damage caused to the ship by stevedores to be settled directly between stevedores and
owners.However charterers will assist

If stevedores refuse to repair and settle or acknowledge damage as aforesaid, the Master shall
immediately requests stevedores to attend a joint survey of the damage and advise charterers and their
agents accordingly about the result of the survey. If stevedores refuse to attend the survey then Master
has to arrange the survey for Owner's account by an independent surveyor. Chartererstoappoint an
independent surveyor at their cost to join owners survey and to assist Owners in obtaining prompt
settlement from stevedores of any claim.

Clause 22 : Holds Cleanliness

Vessel on arrival load port vessel should have to present holds and hatches clean, clear, washed and
dried, free of loose rust flakes/ scales, residues and /or odours of previous cargo(es) and in every way be
ready and suitable to load charterers’ cargoDRI in bulk to charterer's shipper’s surveyors satisfaction and
approval. In case of dispute, an independent surveyor, acceptable to both charterers and owners shall
decide about vessel's readiness to load. Party in default to bear the costs. Should vessel be rejected by
charterers’independent surveyor, vessel laytime ceases to count as from the moment rejected until such
time as vessel is re-accepted. Directly related expenses incurred to be for owner's account.

Prior loading Owners to furnish with best stowage plan without any bagging/strapping/securing/lashing.

If the water tightness of any hatch or closure appears to be deficient, owners shall promptly take all
measures to reinstate and repair the same and/or take other measures to ensure that hatches are
watertight thereby ensuring that

Loaded cargo is kept and maintained in the prescribed manner, and these and these measures shall be
done at owners time and expense and for owners account owners shall exercise due diligence before
and at the beginning of the voyage.

To make the vessel seaworthy and in everyway fit for the voyage and for the trade for which is
employed.

Clause 23 :Time for Loading


The cargo to be loaded free of expenses to the owners at the rate 6,000 MT per weather working day of

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ADDITIONAL CLAUSES TO
MV XXXXXX/ KUWAIT STEEL OR NOM
CHARTER PARTY DATED XXXX

24 consecutive hours Friday and holidays included at loading port.

Clause 24 : Time for Discharging

The cargo to be discharged free of expenses to the ownersand at the rate of 7,000 MT per weather
working day of 24 consecutive hours Fridays and holidays included at discharge port.

Clause 25 :Overage Premium

All vessel related insurance to be for owners account / vessel is free of overage premium due to her age

NITROGEN INSTALLING SYSTEM AND NITROGEN PURGING / FOR FIXING NITROGEN PIPES WILL BE DONE
BY SHIPPERS/ CHARTERERS WITH MAX 72 HOURS FREE TIME FOR CHRTRS UNLESS THE VESSEL IS
ON DEMMURAGE OR UNLESS SOONER COMMENCED.

OWNERS COMMENTS:
CHRTRS HAS LAYTIME AT LOAD PORT AFTER TENDER NOR =( TIL QUANTIYT / 6000MT) DAYS + 12 HRS +
'60HRS BUT AFTER EXPIRYSUCH TIME IF VESSEL ON DEMURRAGE ALWAYS ON DEMURRAGE.

- AFTER COMPLETING OF THE DISCHARGE ALL EQUIPMENT TO BE UNINSTALLED/REMOVED FROM THE


VESSEL ON THE TIME AND ACCOUNT OF THE OWNERS. VESSEL CAN SAIL FROM DISCH WITH PIPING
SYSTEM ON BOARD AND SAME TO BE DONE BY CREW.
TANK DISCH AND REMOVAL ALWAYS FOR CHRTRS/RECEIVERS TIME AND EXPENSE

Clause 26 : Freight Payment

Freight US$ XXXXPMT basis 1/1 FIOST

CHARTERERS WILL PAY FREIGHT BASIS 30,000 MT ON THE FIRST WORKING DAY UPON
COMMENCEMENT OF LOADIND OPERATION AT LOADPORT, AND BALANCE FREIGHT, IF ANY TO BE PAID
WITHIN 5 WORKING DAYS UPON SAILING OF VSL FROM LOADPORT. OWNERS TO RELEASE CARGO TO
CHARTERERS AGAINST LOI SIGNED BY CHARTERERS ONLY AND AGAINST RECEIPT OF FREIGHT FOR
30,000 MT.

“Clean on board” Bills of lading can be signed against clean cargo only. Charters to arrange and insure
that only “clean” cargo will be provided for loading. Ows/Vessel/Master are not responsible for the cgo
quality.
In case charterers require 'freight prepaid Bill(s) of Lading' then same to be released after payment
confirmation that100 pct freight being received to Owner's bank account.

Freight deemed earned on completion of loading discountless and non-refundable vessel and/or cargo
lost or not.

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ADDITIONAL CLAUSES TO
MV XXXXXX/ KUWAIT STEEL OR NOM
CHARTER PARTY DATED XXXX

Owners Banking Details:TO BE ADVISED

Clause 27 : Demurrage/Despatch:

Demurrage, if any, at both loading and discharging ports will be payable by Charterers at the rate
US$.10,000per day pro-rata, half despatch at load & discharge port, basis working all time saved at load
& discharge port.
Demurrage/despatch, if any, to be settled within 15days from date of completion of discharge, upon
submission of SOF, NOR and laytime calculationsALONG WITH COPIES OF SOF AND NOR SIGNED BY ALL
PARTIES CONCERNED

Clause 28 :

Should vessel be seized, arrested or detained during the currency of this charter party at the suit of any
person having or purporting to have a claim against vessel or any interest in the vessel, laytime under
this CP shall cease to count in respect of any period whilst the vessel remains seized, under arrest or
detention and remains unemployed or otherwise not at charterers full disposal as the result of any such
seizure, arrest or detention.

PROVIDED VESSEL CAN NOT PROVIDE SERVICES DURING SUCH SEIZURE,ARREST OR DETENTION, IN CASE
VESSEL ABLE TO PROVIDE SERVICES LIKE LOADING/DISCHARGING THE TIME TO COUNT UNITERRUPTED

Clause 29 : Agents

agent at load port PAN OCEAN SHIPPING INTERNATIONAL , UAE


agent at discharge port Al Sawan Company

Clause 30 : Arab Boycott Clauses

Vessel to be eligible for trading ports in Arab countries and should not be in black listed by Arab Israeli
boycott office.

Clause 31 :

Deleted

Clause 32 :B/L &Letter of Indemnity from charterers:

Master to authorize load port agents to sign / release the Bills of Lading on behalf of him.

Charterers will make every endeavour to ensure that original Bills of Lading is available at discharge port
on or before vessel's arrival to discharge. However if original Bills of Lading is not yet available at

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ADDITIONAL CLAUSES TO
MV XXXXXX/ KUWAIT STEEL OR NOM
CHARTER PARTY DATED XXXX

discharge Port then Owners/Master to permit discharge and delivery of cargo without delay against
charterers letter of indemnity based on owners P and I club standard wording but signed by the
charterers only. The format of Letter of Indemnity will be provided on request.

Original Bills of Lading be forwarded to owners as soon as becomes available.

Clause 33 :1stShifting from anchorage to berth not be counted as laytime even if vessel is on demurrage.

Any further shifting ordered to be on cost and time of party ordering the same.

Clause 34 : Loading spaces

Owners/Master not to load the cargo any inaccessible areas such as deep tanks, wing tanks, bunker
spaces, alleys and any other inaccessible places. If so loaded extra time and labour taken to load and
discharge from these places to be for owners expense and time. Owners to be responsible for providing
the cargo with adequate and efficient ventilation to avoid any damage to cargo. The vessel to be held
responsible for any damage to the cargo caused by inadequate ventilation or through ventilators and
leakages of water and/or oil, from pipes and/or valves, and/or tanks etc. on board due to wear for tear
of the above, or such other causes.

Clause 35 : Stowage Plan

Master/Owners to supply stowage plan to the Charterers/charterer's agents prior to commencement of


discharge.

Clause 36 : Vessel Particularsas follows:

37 : Insurance and P & I

Owners PNI: TBA

Clause 38 : Certificates

All certificates on board the vessel and required to Trade are valid for the duration of the Charter Party.
Owners confirm that vessel maintains her class and will be maintained throughout the currency of this
charter party.

Owners have furnished copy of valid certificates as issued by the vessel's classification society.
Owners have furnished valid copies of class, registration, P and I and H and M certificates for the
duration of the intended voyage.

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ADDITIONAL CLAUSES TO
MV XXXXXX/ KUWAIT STEEL OR NOM
CHARTER PARTY DATED XXXX

Clause 39 :

Owners confirm that the ships cranes and grabs can be used during loading and discharge as described
the attached ships particulars.

Clause 40 : Trimming

Cargo shall be loaded, trimmed and discharged by Charterers free of expenses and risk to the vessel.
Vessel to be left in seaworthy trim to shift between berth to Master's satisfaction at Charterers
expenses.

Clause 41 : Notice of Load/Discharge Ports

The Master to give 72/ 48 AND 24 hours definite notices of ETA at load/ discharge port to charterer's
office as well as receiver's office.

Clause 42 :Sailing Notices

A cable is to be sent by Master to charterers on vessel's leaving load port giving sailing date, time, speed,
commodity total quantity loaded sailing draft (Fore and AFT). ETA disport and arrival draft.

Clause 43 : Hatch Opening Closing

First opening and last closing of hatches both ends to be on Owner’s account and time used not to count
as laytime or time on demurrage.

Clause 44 : Vessel Gear

Vessel is geared by 4 x30 tons and 4X8 cbm grabs

Clause 45 :
It is clearly understood that the New Jason Clause, General Clause,
G.A. Clause, Warvoy 1993 Clause, Hague rules, Hague Visby rules, The new P and I bunkering clause, The
new both-to-blame-collision clause and clause Paramount are fully incorporated in this CP and form an
integral part of this CP.

Any Bill (s) of Lading issued under this Charter Party shall include the above clauses.

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ADDITIONAL CLAUSES TO
MV XXXXXX/ KUWAIT STEEL OR NOM
CHARTER PARTY DATED XXXX

Clause 46: Over Time


Over time to be to the account of party ordering it. However, officers and crew over time to be always
on owners account. Over time, if ordered by port authorities, same to be for Charterers/ Receivers/
Shippers account.

Clause 47: Signing of Documents


The statement of facts and other customary documents should be signed by the Charterers/shippers
Agents, provided such signature is obtainable, together with the Master of the Vessel and Ship's agent.

Clause 48: Taxes/Dues

ALL TAXES/DUES/CHARGES ON CARGO FOR CHRTS A/C


ANY FREIGHT TAX ON CARGO ON CHRTS ACCOUNT.
ALL TAXES/DUES/CHARGES/PENALTIES ON VSL/FLAG/CREW CLASS/FLAG/OWNERSHIP ETC. TO BE FOR OWNERS
A/C . 
 

Clause 49: Special Provisions

It is understood that if the special provisions as attached are in contradictory with the printed provisions
of the Charter Party, the special provisions are to apply.

Clause 50: Force Majeure


If on account of hostilities, war, blockage, revolution, insurrection, mobilization, strikes, lockout, riots or
other civil commotions, destruction of goods herein contracted for by fire, or by flood or on account of
plague or other epidemic, the fulfilment of this charter party in whole or in part is rendered impossible,
it shall be deemed to be null and void without prejudice to the right of obligations of either party
accrued or incurred in respect of anything already done or executed and no liability shall attach to either
party to this charter party.

Clause 51 : Arbitration

In case of any dispute not settled between the two parties mutually by negotiation, matter to be decided
by arbitrator in London based on English law. Each party to appoint their own arbitrator. In the event of
arbitrators failing to reach unanimous decision, they are to appoint an umpire. The umpire's decision
shall be binding of both.

LMAA rules for small claim procedures to apply for AMTS up to US $50,000/- .

Clause 52 :

CARGO TO BE LOADED AND DISCHARGED IN FULL ACCORDANCE WITH ANNEX 3 RESOLUTION


MSC.268(85) (ADOPTED ON 4 DECEMBER 2008), ADOPTION OF THE INTERNATIONAL MARITIME SOLID

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ADDITIONAL CLAUSES TO
MV XXXXXX/ KUWAIT STEEL OR NOM
CHARTER PARTY DATED XXXX

BULK CARGOES (IMSBC) CODE

DRI-B Protective Clause


A) Cargo to be loaded, stowed, trimmed, carried and discharged in accordance with IMO, IMSBC, local
and international regulations and recommendations. The cargo must be kept dry and properly
maintained during loading and discharging and carried in accordance with IMO, IMSBC, local and
international regulations, recommendations and guidelines.

B) Prior to loading, the terminal must ensure that the conveyor belts used for loading this cargo contain
no accumulation of water or other substances. The cargo must be kept dry at all times during storage,
before and during loading. The cargo shall not be loaded onto ships or transferred between ships or
barges during precipitation.

C) Prior to shipment, the cargo shall be aged for at least three days, or treated with an air-passivation
technique approved by the competent authority which must also provide a certificate to that effect.

D) Prior loading this cargo, the shipper must provide the Master with a certificate issued by a
competent person recognised by the national administration of the port of loading stating that the
cargo, at the time of loading, is suitable for shipment and that it conforms with the requirements of
IMSBC code; that the quantity of fines and small particles under 6.35 mm in size must not exceed 5% by
weight; the moisture content is less than 0.3% and the temperature does not exceed 65 degrees C. This
certificate shall state the date of manufacture for each lot of cargo to be loaded in order to meet the
loading criteria in regards to ageing and material temperature.

E) Shippers prior loading this cargo must provide comprehensive information on the cargo and safety
procedures to be followed in the event of emergency.

F) Loading/Discharging should only be performed during dry weather. If it starts raining during
loading/discharging the cargo operations should be alted and hatches closed until the rain has stopped.

G) Prior to loading, provision must be made to introduce a dry, inert gas at tank-top level so that the
inert gas purges the air from the cargo and fills the free volume above. Nitrogen to be used for this
purpose. Consideration shall be given to providing the vessel with the means to top up the cargo spaces
with additional supplies of inert gas taking into account the duration of the voyage. The vessel's fixed
CO2 fire extinguishing system must not be used for this purpose. The whole procedure, expert
workshop, equipment, fittings required to be arranged and provided by Charterers, at their risk, time
and expense. Vessel to remain fully on hire at all times.

H) Cargo monitoring equipment and attending surveyors required as per IMSBC Code regulations and
recommendation to be arranged and provided by Charterers at their time and expense. Owners' class
surveyor may be in attendance.

K) Charterers to provide appropriate instrumentation for measuring the concentrations of hydrogen and
of oxygen in the cargo spaces. Such expensenses to be always for Charterers' account and time.

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ADDITIONAL CLAUSES TO
MV XXXXXX/ KUWAIT STEEL OR NOM
CHARTER PARTY DATED XXXX

L) The cargo temperature and moisture shall be monitored during loading and recorded for each lot of
cargo loaded, and copy of such record must be provided to the Master. The vessel will not sail until the
Master received a certificate from a competent person recognized by the national administration of the
port of loading confirming that all loaded cargo spaces are correctly sealed and inerted, that the
temperature of the cargo has stabilized at all measuring points and does not exceed 65 degrees C and
that, at the end of the inerting process, the concentration of hydrogen in the free space of the holds has
stabilized and does not exceed 0.2% by volume, that the quantity of fines and small particles under 6.35
mm in size do not exceed 5% by weight and that the moisture content is less than 0.3%. On completion
of loading sufficient inert gas shall then be introduced to achieve an oxygen concentration less that 5%
throughout the cargo space.

M) Charterers to arrange at their time, risk and expense for two qualified technicians aboard the vessel
from the time of arrival until such time as vessel ready to sail. The said technicians to accompany the
vessel on voyage to monitor and record and relay cargo temperatures and LEL or hydrogen and oxygen
gas contents at regular intervals not exceeding 8 hours throughout the voyage in all the holds. The
technicians are to accompany the vessel at Charterers' risk and expense after providing Owners the
standard letter of indemnity in Owners' P&I Club format. Owners to furnish the technicians with food
and accommodation as per c/p.

N) Charters to arrange on his cost spare nitrogen tanks on board during sailing.

Clause 53 :

All negotiations carried out and this Charter Party is to bekept strictly private and confidential by
Owners, Charterers and Brokers.

For on behalf of Owners For on behalf of Charterers

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