Contract Authenticity Clause
Overview
The purpose of the BIMCO Contract Authenticity Clause is to encourage parties issuing contracts based on a BIMCO form to agree to use one obtained from an authorised source (such as SmartCon).
Contract Authenticity Clause
BIMCO Contract Authenticity Clause
“Authentic BIMCO Template” means a BIMCO-approved standard contract in an editable electronic format.
The party responsible for issuing the final execution version of this contract warrants that it is an Authentic BIMCO Template procured from a properly authorised source and that all modifications to it are clearly visible.
Explanatory notes
BIMCO is grateful to its three Vice-Chairpersons – Mrs Inga Frøysa, Klaveness; Mr Ajay Hazari, Anglo Eastern; and Mr Dan Carr, Stolt-Nielsen - for their assistance in developing this Clause.
BIMCO secretariat support was provided by Grant Hunter, Head of Contracts & Clauses and Nina Stuhrmann, Manager, Contracts & Clauses. The clause was published on 21 October 2020.
BIMCO contracts are relied on throughout the shipping industry. The reliability and certainty that our standard forms provide can be undermined by fake copies that contain errors or even deliberate hidden changes to the wording. The objective is to decrease the industry’s often unknowing use of counterfeit copies of BIMCO forms by including the Contract Authenticity Clause in all new and revised BIMCO contracts. But you can also decide to incorporate the clause into your contracts now as a means of reducing your risk and saving time and effort in proof checking agreements offered by your counterparty.
The clause is straight forward and needs little explanation: Whichever party issues the final execution copy of a contract based on a BIMCO contract template warrants that it used an authentic template from an authorised source (information that we can readily provide on request). The clause also requires that any amendments to the contract are clearly shown so that it will be clear to the other party what is the original text and what is amended text. This is a standard feature in SmartCon where “track changes” cannot be switched off.
We believe that if your counterparty provides the contract template for negotiation and is reluctant to include this clause, then this should serve as a warning that the offered contract is not a genuine BIMCO standard agreement.
Related Help & Advice
Create or edit a contract
The one-stop digital shop for all the standard maritime contracts and clauses you’ll ever need.
Related publication
Offshore Heavylift and Project Cargo Contracts
The handy guide contains all of BIMCO’s current standard offshore contracts and charter parties along with detailed guidance notes.
Related training
Summer Shipping School
- Vaerloese, Denmark
- 24 June, 2024
The Summer Shipping School is designed to provide a thorough overview of skills used in chartering and operations through case studies and first-class teaching....
Related event
15+15 webinar: ETS clauses status - and looking ahead
- 01 May, 2024
Following on from our recent 15+15 webinar "Navigating EU ETS in contracts" which provide...
Latest Related News
-
BIMCO publishes ship financing forms to ensure uninterrupted use of ships
BIMCO has published two standard Quiet Enjoyment Letters (QELs), the first standard form QELs available to the industry, to offer a tool that can ensure the charterers’ uninterrupted use of a ship if the owner defaults under the financing facility.
-
BIMCO starts work on contract for growing wind turbine market
BIMCO has established a subcommittee to work on a global standard contract for the transport and installation of offshore wind turbines. The project has been launched to support the offshore wind industry as the global demand for more renewable sources of energy increases.
-
BIMCO SmartCon information and available contracts
There is a new version of BIMCO SmartCon and it combines the fast, simple and easy approach from the online version, together with the track changes and comments from Word. The editor is online and you don't need to install anything, the only requirement is that you have the latest version of a modern browser like Google Chrome and Microsoft Edge.
-
BIMCO adopts portfolio of four ETS clauses
The shipping industry is facing an increase in new regulations from the International Maritime Organization (IMO) and the European Union (EU) and an increase in the urgency to decarbonise. To support the industry, BIMCO has developed a portfolio of new emission trading scheme (ETS) clauses.
ELSEWHERE ON BIMCO
Holiday calendar
BIMCO's Holiday Calendar covers general holidays in over 150 countries, plus local holidays and working hours in more than 680 ports around the world.
Learn about your cargo
For general guidance and information on cargo-related queries.
