VOYAGE CHARTER PARTY

(PART I)

1. Place and Date of Agreement (Cl.1)

2. Owners/Disponent Owners/Time Charter Owners (Cl.1) 13. Vessel (Cl.1, 46)

To be single deck, bulk carrier, max. 20 years, geared or
gearless, to be registered in Lloyds 100A1 or equivalent and
covered by the first class P & I and ISM/ITF/WWF/AHL in
order. Vessel to be Rightshipped approved (min 3 stars).
Owners to satisfy themselves of prevailing port restrictions at
all ports.

3. Charterers (Cl.1) 14. Sailing from & ETD (Cl.1)

TIANYUAN LOGISTICS SHIPPING(HK) LIMITED

ROOM 605, BUILDING 1,GUANGHUA CHANG
7 JIANNEI AVENUE
BEIJING
CHINA

4. Cargo (Cl.2) 15. Estimated readiness to Load (Cl.1)

Up to 5 grades, natural hold separation to apply
between grades

5. Loading Port(s) (Cl.2) 16. Description of Vessel (Clause 1& 46 )

1SB Port Hedland, Utah Point, West Australia

6. Opening Layday (Cl.10)

7. Cancelling Date (Cl.10) 17. Agents at Load (Cl.12)

Charterers agents at load:
Sea Corporation Pty Ltd
10 Phillimore Street
Fremantle WA 6160
Tel – 618 9430 7100
Fax – 618 9430 7199
Email – [email protected]

8. Loading Rate(s) (Cl.5,6) (Including excluded periods) 18. Agents at Discharging Port (Cl.12)
25,000 metric tonnes per weather working day Sundays Charterers agents at discharge:
and holidays included12hrs TT PIC: Capt. Lv Haoyan
Hangmu Logistics Co.,Ltd.
Add: Room 701, No.10 Wuhan Street, Dalian, P. R. China
Tel : 86-411-39021091
Fax : 86-411-82808941
Mob: 86-13304118251
E-mail: [email protected]
 VOYAGE CHARTER PARTY
(PART I)

9. Discharging Port(s) (Cl.2) 19. Notices at Load Port

7 / 5 / 3 / 2 /1 days

10. Discharging Rate(s) (Cl.5,6) (Including excluded periods) 20. Notices at Discharge Port
20,000 metric tones per weather working day Sundays and
holidays included12hrs TT 7 / 5 / 3 / 2 / 1 days

11. Freight Rate(s) (Cl.3) 21. Demurrage Rate (Cl.8)

95% (ninety-five) freight payable within 5 (five) banking days after
completion of loading and s/r b(s)/l marked “freight payable as per
Charter Party”. Demurrage/ despatch to be settled within 30 days
after upon receipt of final freight invoice from owners and
including freight balance due.

12. Freight Payable to (Cl.3) (Owners Banking Details) 22. Despatch Rate (Cl.8)
TBA DHD

It is hereby mutually agreed that this Contract shall be performed subject to the Conditions in the Charter Party
consisting of PART 1 and PART 2 (Pages 1-13 inclusive).

23. Signature (Charterers) 24. Signature (Owners)

TIANYUAN LOGISTICS SHIPPING (HONG KONG)
LIMTED
 TIANYUAN LOGISTICS SHIPPING(HK) LIMITED /
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CHARTER PARTY DATED

1 1. IT IS THIS DAY MUTUALLY AGREED (as per Box 1) between Disponent Owners or Time Chartered Owners
2 nominated in Box 2 (herein referred to as the Owners), Owners of the vessel named in Box 16 and Pilbara Trading
3 Limitedof Jersey, Charterers as follows:
4

5 (a) Vessels Condition and Eligibility to Trade

6 Owners warrant that the vessel is tight, staunch and strong, in class, and in every way fitted for the voyage,
7 with her hull, machinery and equipment in a thoroughly efficient state and with a full and efficient complement
8 of Master, Officers and Crew, insofar as the foregoing conditions can be attained by the exercise of due
9 diligence. Owners further warrant that the vessel is eligible for trading to the ports and places specified for
10 the voyage and at all times shall have on board all certificates, records and other documents required for
11 such trading. Owners are responsible to ensure that the performing vessel complies with load and discharge
12 port restrictions/regulations.
13
14 The vessel shall comply with all Commonwealth of Australia Navigation (Orders) Regulations in particular but
15 not limited to Marine Orders Part 32 (Cargo and Cargo Handling Equipment and Safety Measures) which
16 govern the vessels hold and crane ladders as well as Ship’s cargo handling equipment, and relevant Marine
17 Orders from AMSA (Equipment - Miscellaneous and Safety Measures) which govern gangways.
18

19 All time lost by reason of a Department of Transport surveyor declaring the vessel to be non-compliant with
20 any Marine Orders shall not count on laytime or time on demurrage and any expenses directly attributable
21 thereto including but not limited to standby of trucks, labour and mechanical equipment shall be for Owners
22 account.
23

24 From the date of coming into force of the International Safety Management (ISM) code in relation to the
25 vessel and thereafter during the currency of this charter party, the Owners shall procure that both the Vessel
26 and Company (as defined by the ISM code) shall comply with the requirements of the ISM code. Upon
27 request the Owners shall provide a copy of the relevant Document Of Compliance (DOC) and Safety
28 Management Certificate (SMC) to the Charterers.
29
30 Except as otherwise provided in this Charter Party, loss, damage, expense or delay caused by failure on the
31 part of the Owners or The Company to comply with the ISM code shall be for Owners account. And the
32 Owners are to be responsible for the loss of or damage to the goods or for delay in delivery of the goods
33 unless it could be proved that such loss, damage and delay shall not be attributed to the act, neglect or
34 default of theOwners or their Manager and the Master or crew or any matter for which the Owners are liable
35 under this Charter Party or in accordance with the applicable law.
36

37 (b) Vessels Description (refer Box 16)

38 Owners guarantee vessels description as per Box 16.
39
40 Vessel is classed Lloyd's 100A1 or equivalent and Owners guarantee that such classification will be
41 maintained during the entire duration of this Charter Party. Should this classification not be maintained
42 during the specified period then Owners to be liable for any and all extra insurance penalties or assessments
43 directly resulting from the fact that the vessels guaranteed classification has not been maintained.
44
45 2. (a) Port of Loading (refer Box 5)
46 This Ship shall proceed with all convenient speed to the port of loading as designated in Box 5 and there
47 load, always afloat from ashore, as directed by Charterers or their designated representative at one safe
48 berth, and there load cargo, as designated in Box 4.
49
50 Owners are to satisfy themselves of the relevant load port restrictions and ensure that the vessel complies in
51 all respects with the restrictions and statutes for the countries/ports traded during this charter.
52
53 An automatic suction mooring system called CavotecMoormaster will be used at Utah Point Berth.
54 The berth is fitted with a CavotecMoormaster suction mooring system which will allow Vessels at the facility
55 to berth without the use of conventional mooring lines.The system uses suction pads which do not generate
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CHARTER PARTY DATED

56 any magnetic forces on the Vessel, each of which are rated at 20 tons holding force, similar to a Harbour Tug.
57 The Utah Port Facility is fitted with fourteen (14) large suction pads which offer a combined holding force of
58 some 280 tons; each unit will automatically adjust for tidal/draft variations and changes in environmental
59 conditions, including automatically detaching and re-attaching individual units that have moved away from
60 their vertical travel mediums. The total applied force over each pad is no more than 10 tons per square metre.
61 (b) Port of Discharging (refer Box 9)
62 Upon completion of loading the Ship shall precede at her normal service speed to the port(s) of discharge as
63 designated in Box 9 deliver the cargo always afloat, ashore and/or alongside other vessels and/or craft, as
64 directed by Charterers or their designated representative at one - two safe berth(s) each.
65 Owners are to satisfy themselves of the relevant discharge port restrictions and ensure that the vessel
66 complies in all respects with the restrictions and statutes for the countries/ports traded during this charter.
67
68 (c) Notice of Readiness
69 Prior to tendering Notice of Readiness, at load, the vessels holds are to be washed, swept, clean and passed
70 to Shippers and/or Charterers surveyors satisfaction for the intended cargo to be loaded on vessel’s arrival
71 (see Clauses 6, 40). Notice of readiness at loadport is to be given and accepted Saturdays, Sundays and
72 holidays included, providing the vessel is in all respects ready to load. Unless otherwise provided for in this
73 Charter Party the Master shall upon giving Notice of Readiness, declare in writing the exact quantity of cargo
74 he requires within the limits stipulated herein. In the absence of such a declaration on the part of the Master,
75 the Charterers shall be deemed to have fulfilled their obligations under this Charter Party if they load the
76 minimum quantity stipulated in box 4.
77
78 If the loading/discharging berth is not available on the Vessel’s arrival at or off the port of loadin/discharging,
79 the Vessel able tender Notice of Readiness within ordinary office hours on arrival there, whether in berth or
80 not whether in port or not, whether customs cleared or not, whether in free pratique or not, provided that the
81 Master warrants that she is in fact ready in all respects. Time used in moving from the place of waiting to the
82 loading/discharging berth andtime from such discovery of failure until failure is rectified not to count as
83 laytime or demurrage.If, after inspection, the Vessel is found not to be ready in all respects to load/discharge
84 time lost after the discovery thereof until the Vessel is again ready to load/discharge shall not count as
85 laytime.
86

87 At discharge port(s), written notice is to be given by master at each discharge ports any time day or night
88 Sundays and Holidays included provided vessel being in all respects ready to discharge Charterers’ cargo. If
89 through congestion, vessel is unable to tender Notice of Readiness on arrival at discharge port, then Notice
90 of Readiness to be tendered from the Port Authorities approved anchorage.
91

92 3. Freight (refer Boxes 11 and 12)

93 Freight to be paid at and after the rate of as agreed per ton of 1,000 kilos intaken, in full of all port charges, pilotages,
94 consulages, light dues, lighterage, and all other dues usually paid by Vessels.
95
96 Freight to be paid as declared in Box 11, is payable on Bill of Lading quantity as determined by weightometer within
97 number of banking days as declared in Box 11 of signing/releasing Bills of Lading claused "Freight Payable as per
98 Charter Party". Full freight deemed earned 100% as cargo loaded and fullydiscountless non-returnable vessel and/or
99 cargo lost or not lost from receipt of telegraphic confirmation from Owners of signing and surrender of clean Bills of
100 Lading.
101

102 Demurrage/despatch to be settled within 30 days after upon receipt of final freight invoice from owners.(see Clause 8).
103

104 4. Cash Advance

105 Sufficient cash for Ship's disbursements to be advanced by Owners to agents at ports of loading and discharging prior
106 to vessels arrival, failing which Charterers are not to be responsible for any delays to the vessel caused by Owners
107 failure to place Agents in funds prior to Ship's arrival. Charterers have the right to and may if agents request deduct
108 loadport disbursements from advance freight and discharge port disbursements from the balance of freight adding five
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109 per cent to cover expenses. This right does not relieve Owners of their obligations herein described nor constitute any
110 responsibility or liability on the part of the Charterers.
111
112

113 5. Loading and Discharging (refer Boxes 8 and 10)

114 The Cargo to be shipped at the rate as designated in Box 8 and to be discharged at the rate as designated in Box 10
115 per clear weather working day of 24 (twenty four) consecutive hours, excluded periods always excepted even if used.
116 Calculation of laytime at each end shall be based on weight inserted in Bill of Lading. In case of dead freight then the
117 time allowed for loading and discharging shall be calculated on basis of tonnage for which freight is paid and not on
118 the actual quantity loaded.
119

120 At all loading and discharging ports time taken in: shifting from anchorage to berth or lay-by berth to
121 loading/discharging berth;statutory formalities like customs, immigration, port health, issuing documents; ballasting,
122 de-ballasting, waiting for tides; initial, intermediate and final draft surveys is not to count even if vessel is on
123 demurrage.
124

125 6. Commencement of Laytime

126 At all ports of loading time for loading to count 12 hours and at all ports of discharge time for discharging to count 12
127 hours after a valid Notice of Readiness has been tendered and the vessel is in all respects ready to load / discharge
128 NOR cannot be tendered before layday commencement.
129

130 7. Cargo Gear

131 The Charterers are to have the option to unload and/or load cargo into barges sent alongside the vessel whilst berthed
132 at the discharge port with all possible despatch (should this mode of shipping be used); and any delay incurred by not
133 doing so is not to count as part of laytime or demurrage. The Ship to load and discharge as rapidly as possible, and
134 give use of cranes and motive power free of expense, and crew to drive the cranes, if permitted by local labour
135 regulations, otherwise shore hands to be employed, and Charterers to pay cost of same. The Ship to keep the cranes
136 in good working order. Vessel shall keep all gear in good working order and shall also supply free of expense motive
137 power, cranes, derricks, and power to operate all usual deck appliances including lights whenever and wherever on
138 board the vessel as required by Charterers for loading, trimming and discharging. Owners to provide deck hands to
139 open and close hatches if same be permitted by local regulations. Anytime lost by reason of breakdown of cranes
140 and/or derricks to be recorded respectively per hatch on the sheet of the daily working report and not to count, pro rata,
141 as laytime or demurrage. If owing to breakdown of vessels cranes and/or shore cranes employed due to vessels
142 cranes breakdown, then cost to be for owners account.
143
144 Owners undertake that cargo gear and all other equipment shall conform with regulations at all ports visited by the
145 vessel, and that the vessel is at all times in possession of valid certificates to comply with such regulations. If shore
146 personnel are not permitted to work due to failure of the Owners to comply with the aforesaid regulations, or because
147 of lack of said certificates, any time so lost shall not count as laytime or demurrage and all extra expenses incurred,
148 directly resulting from such failure, shall be for Owners account.
149

150 8. Demurrage/Despatch (refer Boxes 21 and 22)

151 Demurrage (if any) at the rate of (as agreed) per day or pro rata for part of a day to be paid to Owners. Owners to pay
152 Charterers despatch money at half demurrage rate for all laytime saved both ends. Demurrage/despatch to be settled
153 within 30 days after completion of discharge and receipt of loading and/or discharging documents in accordance with
154 Clause 3.
155
156

157 9. Laytime to be non-reversible.

158
159 10. Laydays and Cancelling(refer Boxes 6 and 7)
160 Laydays not to commence without Charterers written consent before date stated in Box 6 and if any wilful
161 misrepresentation be made in respect of the size, position, etc, or should the vessel not be in loading port ready to
162 load latest as stated in Box 7 it shall be at the option of the Charterers whether or not they will load the vessel.
163
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164 11. Bills of Lading

165 The Captain to sign Bills of Lading at any freight required by Charterers, not less than Chartered rate. Charterers
166 have the right to sublet this Charter Party to others in full or in part, at any rate of freight without prejudice to this
167 Charter, they remaining fully responsible for due fulfilment of same.
168
169 Should Bills of Lading not arrive at discharging port in time then Owners agree to discharge and release the entire
170 cargo without presentation of the original Bills of Lading upon receipt of Charterers single Letter of Indemnity in
171 Owners P&I Club standard wording and without any bank guarantee and endorsement.
172

173
174 12. Agents (refer Boxes 17 and 18)
175 Owners are to nominate Sea Corporation Pty Ltd as the vessels agents at Port of Loading and Charterer nominated
176 agent for Discharging as stated in Boxes 17 and 18. Owners paying customary Agency fee. QDA at discharge ports
177 always to be Owners a/c.
178
179 13. General Average
180 General average shall be settled and adjusted according to York-Antwerp rules, as amended 1994, at and as
181 supplemented by custom and practice at the port of London. If required by Charterers, Owners will forego general
182 average deposits from one or more cargoes and will accept a general average undertaking from Charterers in the
183 customary form. If required by Charterers, Owners agree to release one or more cargoes to Charterers for
184 transhipment from a port of refuge by and at the expense of Charterers, in exchange for a non-separation of interest
185 agreement and a general average undertaking from Charterers in the customary form. The transhipment expenses
186 shall not be included in the general average except to the extent of the other general average expenses thereby saved.
187
188 14. Master to telegraph Charterers as well as Charterers agents at Port of Loading, and discharging should he have to put
189 in at any Port or Ports.
190
191 15. In case of Jettison, the Captain to report the same to Receivers and Charterers immediately.
192
193 16. Overtime
194 The Ship to work at night if requested to do so. Overtime to be for account of party ordering same, but if ordered by
195 Port Authorities 50 (fifty) per cent shall be paid by Charterers and 50 (fifty) per cent by the Owners. Overtime earned
196 by the Officers and Crew shall always be entirely for Owners account.
197
198 17. Shippers/Charterers/Receivers to put the cargo on board, spout trim and discharge cargo free of expense to the
199 vessel. Trimming is understood to mean levelling off the top of the pile and any additional trimming required by Master
200 is to be for Owners account.
201

202 18. Commission

203 A commission of …per cent on the gross amount of freight, dead freight, and demurrage is due on shipment, Ship
204 and/or cargo lost or not lost to….., payable by Owners.
205
206

207 19. Notices (refer Boxes 19 and 20)

208 Ship to apply to agents nominated in boxes 17 and 18 for cargo. Owners or Master to give to loading port agents
209 and…..,7/5/3/2/1 days notice of vessels expected date and time of arrival.
210
211 Master also to give to Discharge Port Agents Charterers Agents and….7/5/3/2/1 days notice of expected date and time
212 of arrival at discharging port.
213
214 Upon sailing from the loading port Master is to ……, stating the exact quantity of cargo loaded and his ETA at
215 discharging port, and continue to provide notices of the vessel arrival at discharge port every day during this voyage.
216

217 In the event of Owners or Master failing to give the aforementioned notices, Charterers are to be allowed 24 (twenty
218 four) hours extra laytime for loading or discharging.
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219

220 20. The Act of God, the Queen's enemies, Arrest and/or Restraints of Rulers, Princes and People, Quarantine, Fire on
221 Board, in Hulk or Craft or on Shore, Ice, Barratry of the Master and Crew, Enemies, Pirates, Robbers by land or sea,
222 accidents to and damage and detention from Boilers, and of Machinery, Collisions, Stranding, Jettison, or from any act,
223 neglect, default or error in judgement whatsoever of the Pilot, Master, Crew or other servants of the Shipowners in the
224 management and/or the navigation of the vessel, and all and every other Dangers and Accidents of the Seas, Rivers
225 and Canals of whatever nature and kind whatsoever, before and during the said voyage always mutually excepted.
226 Vessel has liberty to call at any port or ports, in any order, or places, to bunker, or to deviate for the purpose of saving
227 life or property, with leave to sail without Pilots, and tow or be towed and assist vessels or to be assisted in all
228 situations whatsoever. Salvage and/or towage for Owners sole benefit.
229

230 21. All liability of Charterer shall cease on completion of loading except Charterers to remain responsible for payment of
231 freight, dead freight and demurrage if any. Dead freight/demurrage to be settled after completion of the voyage and
232 receipt of loading and/or discharging documents. At all loading and discharging ports any disputes regarding
233 stevedoring damage to be settled directly between Owners and Stevedores and any time occupied in repairing
234 Stevedoring damage not to count as laytime.
235
236 22. Insurance
237 Any extra insurance premium up to a maximum of US$5000 on cargo due to vessels age and/or class and/or
238 Ownership to be for Owners account. Such extra insurance to be covered by Charterers for Owners account and to
239 be deducted from initial freight payment.
240
241 23. Bad Weather
242 The Captain shall cover the hatch of each hold as soon as the loading into same has finished, and also all hatches
243 when the loading or discharging has finished for the day, if the weather be wet or threatening; he shall also, during rain
244 or snow cover up all hatches by which loading or discharging is not actually going on. It is agreed that the Captain may
245 send someone to check the weight of the cargo on delivery so as to avoid dispute, and weight as ascertained to be
246 conclusive.
247
248 24. Owners to ensure that the vessel complies in all respects with the restrictions and statutes for the countries/ports
249 traded during this charter.
250
251 25. In the event of any general strike, riot, insurrection, revolution or war, which may prevent the shipment of cargo under
252 this Charter, the Owners in the event of no cargo having been loaded, have the option of cancelling this Charter or if
253 any cargo has been loaded they have the right to proceed on the voyage with the cargo so loaded. In the latter case
254 the time to count as lay days to be mutually agreed between Owners and Charterers.
255
256 26. Grab Discharge
257 Vessel is guaranteed suitable for grab discharge and is to tender clear of sweat battens. No cargo is to be loaded in
258 deeptanks, bunkers or other compartments not easily accessible to grabs. If the cargo is loaded and trimmed in
259 tweendecks any extra expenses incurred at loading/discharging port and for time lost to be for Ship's account also any
260 extra trimming necessary on account of vessels construction to be for Owners account and time so occupied to be for
261 Owners account, even if Vessel is on demurrage. Any extra expenses and/or loss of time over and above the cost of
262 normal grab discharge incurred at discharging port for cargo not easily accessible to grabs or loaded in the
263 tweendecks is to be for Owners account also any extra expenses incurred solely owing to vessels construction and
264 amounts involved may be deducted from the balance of freight pending final adjustments. All extra time lost under this
265 Clause shall be added to the laytime.
266

267 Deeptanks, tunnels and all other provisions within vessels holds are to be sheltered against damage by Receivers'
268 grabs, failing which Owners are to be responsible for all consequences.
269

270 27. Arbitration

271 BIMCO/LMAA Arbitration Clause (2009) is to apply. The amount agreed for the purpose of LMAA SCP is USD 75,000.
272
273 28. Protective Clauses
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274 The New Jason Clause, Both to Blame Collision Clause, P&I Club Oil Bunkering Clause and Chamber of Shipping
275 War Risks Clauses 1 and 2 are to be deemed incorporated in this Charter Party.
276
277 29. The Pilot, Master, Officers and Crew of the vessel, and any tow boat person or facility assisting the vessel, shall not be
278 agents or employees of Charterers and the Charterers shall not be liable for any loss, damage or claims resulting from
279 or arising out of negligence or error of any of them while vessel is proceeding to or lying at any place of loading and/or
280 discharging.
281
282 30. While the Surveyor is taking draft readings and/or tank soundings, Master is not to take on or pump ballast at load and
283 discharge ports without obtaining permission of the Charterers, and vessel is not to take on, release or switch from
284 one tank to other compartments to another any ballast, fresh water or fuel oil.
285
286 31. Vessel to furnish a certified calibration scale for all tanks including fore and aft peak tanks and double bottom tanks
287 and deeptanks; Plimsoll marks amidships and draft marks on port and starboard sides bow and stern to be clearly cut
288 and marked on shell plating. Vessel to furnish capacity plan, displacement scale and deadweight scale and same to
289 be certified by Master as to correctness at time of loading.
290
291 32. If vessel calls at any US port for purposes of loading and/or discharging and/or embarking or disembarking
292 passengers, vessels cargo gear and all other equipment must comply with regulations established by US Public Laws
293 85-742 Part 9 (Safety and Health Regulations of Longshoring). If longshoremen are not permitted to work due to
294 failure of Master and/or Owners Agents to comply with the aforementioned regulations, any delays resulting therefrom
295 shall be for Owners account.
296

297 33. Owners warrant that they have secured and carry on board the vessel a US Federal Maritime Commission's
298 Certificate of Financial Responsibility as required under the US Water Quality Improvement Act of 1970. In any case
299 Owners shall be liable for any and all consequences arising from their failure to obtain the aforementioned certificate.
300
301 34. Opening and closing of hatches to be for Owners account and time for opening and closing of hatches at each port
302 shall not count, even if vessel is on demurrage.
303
304 35. Part Cargo Clause
305 In the event of a part cargo option being agreed during negotiations the following conditions are deemed to have been
306 accepted by Owners:
307
308 (a) Owners have the option to complete with other lawful general merchandise at their risk and expense from a
309 port en route to a port en route. Any such completion cargo is to be non injurious to cargo carried under this
310 Charter Party, and is not to be loaded in same compartments as cargo loaded under this Charter Party. If
311 such completion cargo is in bulk then this is not to be stowed in tweendecks above cargo loaded under this
312 Charter Party, and if such completion cargo is in bags or casks or drums ie; not in bulk and same is carried in
313 tweendecks then the tweendeck hatch covers are to be securely covered by tarpaulins to avoid seepage of
314 cargo into lower holds. At all times Owners are to be fully responsible for any contamination of cargo loaded
315 under this Charter Party due to completion cargo being carried. Such completion cargo is not to be loaded
316 and discharged at same time as cargo carried under this Charter Party. This part cargo is to be separately
317 stowed by holds from other cargo(es) carried.
318
319 (b) At loading port Notice of Readiness is not to be presented (or accepted) until all compartments into which
320 cargo will be loaded under this Charter Party are actually free and unimpededly available. At discharging
321 port Notice of Readiness is not to be presented (or accepted) until any cargo over-stowing or otherwise
322 impeding discharge of cargo under this Charter Party has been discharged or otherwise removed.
323
324 (c) If other cargo is to be loaded and/or discharged at same berth or by means of same shore loading or
325 discharging equipment prior to the cargo under this Charter Party then the notice ofreadiness under this
326 Charter Party can only be tendered (or accepted) when such other cargo has been finally loaded and/or
327 discharged.
328
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329 (d) In the event of the vessel stopping loading and/or discharging of cargo under this Charter Party due to the
330 working of cargo(es) not covered by this Charter Party, laytime is to cease from the cessation of loading
331 and/or discharging and only resume on the next working day after completion of loading and/or discharging
332 of the other cargo. If loading and/or discharging may be resumed prior to the next working day then laytime
333 to recommence subject to the usual exceptions contained herein.
334

335 36. Bagged Cargoes

336 In the event of bagged cargo being carried the following conditions are deemed to have been accepted by Owners:
337

338 (a) Owners to take adequate precautions in order to protect bagged cargo from damage. If the vessel is not
339 cargo batten fitted Owners to supply and lay at their expense any dunnage and mats and kraft paper
340 necessary to ensure adequate protection of cargo. In any case it is understood that dunnage and/or mats
341 and/or kraft paper must be sufficient to avoid any contact of the bags with plates, frames and beams so as to
342 allow ventilation on the sides and to avoid hold moisture and to avoid bags becoming torn. Before tendering
343 Notice of Readiness Master to take necessary measures to ensure holds are clean dry and odour free and in
344 every way suitable to receive cargo to Charterers surveyors satisfaction.
345
346 (b) Owners to be responsible for number and condition of bags signed for in accordance with the Bills of Lading.
347
348 (c) If the cargo is stowed in refrigerator hatches, alleyways, bunker hatches, deeptanks or other awkward places,
349 Owners shall pay the extra labour costs of loading and/or discharging from such places and shall allow
350 Charterers additional laytime for such loading and/or discharging.
351

352 (d) Clean Mates Receipts to be signed for each parcel when on board, and Master to sign Bills of Lading in
353 accordance therewith as requested by Charterers or Shippers. Master's right to reject any cargo that would
354 involve the clausing of Mates Receipts and/or Bills of Lading.
355
356 37. Owners to keep Charterers fully updated of vessels itinerary prior to loading of this cargo and also throughout the
357 currency of this Charter Party.
358
359 38. At load and/or discharge port, all taxes and/or dues on freight and/or vessel to be for Owners account.
360 Dues/taxes/wharfage on cargo to be for Charterers account.
361

362 39. All negotiations and fixture to remain strictly private and confidential.
363
364 40. Vessels holds/hatchways to be swept clean, dry, free from loose and flaky rust and/or scale, free from smell and free
365 of residue of previous cargo and suitable in every respect to receive the intended cargo to Charterers surveyors
366 satisfaction, prior to tendering Notice of Readiness. Should vessel failed her holds cleanliness inspection, all time from
367 failing inspection until vessel approval for hold Cleanliness in not to count as laytime or demurrage. Any subsequent
368 contamination of cargo whilst on board to be for Owners account.
369

370 41. Vessel is to load the cargo and sail safely without requiring any bagging, strapping or securing.
371

372 42. Should the vessel be boycotted, picketed, blacklisted or experience a similar incident at any port or place, by shore
373 and/or port labour and/or tugboats, and/or pilots, or by government and/or any authority, by reason of the vessel’s
374 flag/registry/manning or ownership or terms and conditions on which member of the officers/crew are employed, or by
375 reason of trading of this vessel or other vessel under the same ownership, management, operation or control, all direct,
376 relevant consequences and any extra direct expenses incurred therefrom to be for Owners’ account and the
377 Charterers are entitled to stop laytime or demurrage counting for all time lost by such reasons.
378
379 43. Owners are to ramnek tape the vessels hatchcovers (where this cargo is loaded) on completion of loading at Owners
380 time and expense.
381

382 44. Oil Pollution Clause

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383 Owners agree to indemnify Charterers, their agents, or any other party against liabilities which may be imposed on
384 them or which they may incur under any statute regarding liability for pollution of waters by oil or other substances, by
385 reason or any contravention of such statute by the vessel, the Master or any servant or agents of the Owners provided
386 that such contravention shall not have been caused or contributed to by the party seeking to be indemnified under this
387 Charter Party. Owners warrant that the vessel is entered in a P&I Club with cover for liabilities arising out of any
388 contravention as aforesaid. Laytime shall not count nor shall demurrage accrue for any time lost through non-
389 conformity with the above.
390
391 45. Vessel Nomination
392 Vessel to be subject to rightship approval, fully ISPS compliant and provide a copy of the ISSC (International Ship
393 Security Certificate).
394
395 Owners to nominate vessel 7 (seven) days prior to arrival ETA load port same to be subject to Charterers approval
396 within 24 (twenty four) hours after nomination. Same to be not unreasonably withheld.
397
398 Owners to substitute performing vessel minimum 7 days prior to vessel’s ETA at load port. Such nomination subject to
399 Charterers’ reconfirmation within 1 working day.
400 Owners to provide the following information about the vessel nominated:
401
402 1) Full name and contact numbers:
403 Head Owners
404 Managers
405 Disponent Owners or Timechartered Owners
406
407 2) Vessel(s) full description including:
408 Summer DWT
409 Summer Draft
410 Vessels Flag / Year Built
411 GRT/NRT
412 Number type and dimensions of hatches
413 Number, type and swl of cranes
414 Class society and classification
415

416 3) Last 5 (five) cargoes carried

417 Date of last dry dock and what work was undertaken
418 Last special survey and, was renewal of class given with recommendations (if any)
419
420 4) Last time the vessel called to an Australian port
421 Any AMSA (Australian Maritime Safety Authority) detentions or noted deficiencies (if so please advise and
422 when these items were repaired)
423

424 46. RELET

425 Charterers shall have the right to relet all or part of this Charter Party to others for bulk harmless cargoes or other cargoes
426 as agreed between Owners and Charterers. Owners not to relet this/these cargoes without the express approval of
427 Charterers. Such approval not to be unreasonably withheld.
428

429
430

431 47. BIMCO STANDARD WAR RISKS CLAUSE FOR VOYAGE CHARTERING 1993 (CODE NAME:”VOYWAR 1993”)
432
433 1) For the purpose of this clause, the words:
434
435 (a) “Owners” shall include the shipowners, bareboat charterers, disponent owners, managers or other operators who are
436 charged with the management of the vessel, and its master, and
437
 TIANYUAN LOGISTICS SHIPPING(HK) LIMITED /
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438 (b) “War Risks” shall include any war (whether actual or threatened), act of war, civil war, hostilities, revolution, rebellion, civil
439 commotion, warlike operations, the laying of mines (whether actual or reported), acts of piracy, acts of terrotists, acts of
440 hostility or malicious damage, blockades (whether imposed against all vessels or imposed selectively against vessels of
441 certain flags or ownership, or against certain cargoes or crews or otherwise howsoever), by any person, body, terrorist or
442 political group, or the Government of any state whatsoever, which, in the reasonable judgement of the Master and/or the
443 Owners, may be dangerous or are likely to be or to become dangerous to the vessel, her cargo, crew or other persons on
444 board the vessel.
445
446 2) If at any time before the Vessel commences loading, it appears that, in the reasonable judgement of the Master and/or
447 the Owners, performance of the Contract of Carriage, or any part of it, may expose, or its likely to expose, the Vessel, her
448 cargo, crew or other persons on board the Vessel to War Risks, the Owners may give notice to the Charterers cancelling
449 this contract of Carriage, or may refuse to perform such part of it as may expose, or may be likely to expose, or may likely
450 to expose, the Vessel, her cargo, crew or other persons on board the Vessel to war Risks; provided always that if this
451 Contract of Carriage provides that loading or discharging is to take place within a range of ports, and at the port or ports
452 nominated by the Charterers the Vessel, her cargo, crew or other persons on board the Vessel may be exposed or may
453 be likely to be exposed to War Risks, the Owners shall first require the Charterers to nominate any other safe port which
454 lies within the range for loading or discharging, and may only cancel this Contract of Carriage if the Charterers shall not
455 have nominated such safe port or ports within 48 hours of receipt of notice of such requirement.
456
457 3) The Owners shall not be required to continue to load cargo for any voyage, or to sign Bills of Lading for any port or place,
458 or to proceed or continue on any voyage, or on any part thereof, or to proceed through any canal or waterway, or to
459 proceed to or remain at any port or place whatsoever, where it appears, either after the loading of the cargo commences,
460 or at any stage of the voyage thereafter before the discharge is completed, that , in the reasonable judgement of the
461 Master and/or the Owners, the Vessel, her cargo, (or any part thereof), crew or other persons on board the Vessel (or any
462 one or more of them) may be, or are likely to be, exposed to War Risks. If it should so appear, the Owners may by notice
463 request the Charterers to nominate a safe port for the discharge of the cargo or any part thereof, and if within 48 hours of
464 the receipt of such notice, the Charterers shall not have nominated such a port, the Owners may discharge the cargo at
465 any safe port of their choice (including the port of loading) in complete fulfilment of the Contract of Carriage. The Owners
466 shall be entitled to recover from the Charterers the extra expenses of such discharge and, if the discharge takes place at
467 any port other than the loading port, to receive the full freight as though the cargo had been carried to the discharging port
468 and if the extra distance exceeds 100 miles, to additional freight which shall be the same percentage of the freight
469 contracted for as the percentage which the extra distance represents to the distance of the normal and customary route,
470 the Owners having a lien on the cargo for such expenses and freight.
471
472 4) If at any stage of the voyage after the loading of the cargo commences, it appears that, in the reasonable judgement of
473 the master and/or the Owners, the Vessel, her cargo, crew or other persons on board the Vessel may be, or are likely to
474 be, exposed to War Risks on any part of the route (including any canal or waterway) which is normally and customarily
475 used in a voyage of the nature contracted for, and there is another longer route to the discharging port, the Owners shall
476 give notice to the Charterers that this route will be taken. In this event the Owners shall be the entitled, if the total extra
477 distance exceeds 100 miles, to additional freight which shall be the same percentage of the freight contracted for as the
478 percentage which the extra distance represents to the distance of the normal and customary route.
479
480 5) The vessel shall have liberty:-
481
482 (a) to comply with all orders, directions, recommendations or advice as to departure, arrival, routes, sailing in convoy, ports of
483 call, stoppages, destinations, discharge of cargo, delivery, or in any other way whatsoever, which are given by the
484 Government of the Nation under whose flag the Vessel sails, or other Government to whose laws the Owners are subject,
485 or any other Government which so requires, or any body or group acting with the power to compel compliance with their
486 orders or directions;
487
488 (b) to comply with the order, directions or recommendations of any war risks underwriters who have the authority to give the
489 same under the terms of the war risks insurance;
490

491 (c) to comply with the terms of any resolution of the Security Council of the United Nations, any directives of the European
492 Community, the effective orders of any other Supranational body which has the right to issue and give the same, and with
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493 national laws aimed at enforcing the same to which the Owners are subject, and to obey the orders and directions of
494 those who are charged with their enforcement.
495
496 (d) to discharge at any other port any cargo or part thereof which may render the Vessel liable to confiscation as a
497 contraband carrier;
498

499 (e) to call at any other port to change the crew or any part thereof or other persons on board the Vessel when there is reason
500 to believe that they may be subject to internment, imprisonment or other sanctions;
501

502 (f) where cargo has not been loaded or has been discharged by the Owners under any provisions of this Clause, to load
503 other cargo for the Owners’ own benefit and carry it to any other port or ports whatsoever, whether backwards or forwards
504 or in a contrary direction to the ordinary or customary route.
505
506 (g) If in compliance with any of the provisions of sub-clauses (2) to (5) of this Clause anything is done or not done, such shall
507 not be deemed to be a deviation, but shall be considered as due fulfilment of the Contract of Carriage.
508

509
For and on behalf of: For and on behalf of:
510 TIANYUAN LOGSITICS SHIPPING (HONG KONG) LIMITED
511

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