BIMCO Dry Bulk Marine Risk Assessment Clause for Time Charter Parties 2013
(a) The Charterers may, at their time, risk, cost and expense, conduct a marine risk assessment of the Vessel in accordance with this Clause. However, the Owners do not warrant or represent that the Vessel is or will be acceptable or recommended as a result of any such marine risk assessment.
(b) The Owners shall assist the Charterers in the marine risk assessment process by submitting such documentation as is in the possession of the Owners and readily available. There shall be no obligation to provide confidential information.
(i) The Charterers shall not be entitled to physically inspect the Vessel unless there are particular grounds under the marine risk assessment process and that those grounds are specified to the Owners. The Charterers shall provide the owners with a checklist for the inspection in advance. The above shall be subject to the Owners’ express approval, which shall not be unreasonably withheld. The time and place of all inspections shall be mutually agreed by the parties.
(ii) The Charterers shall indemnify and hold harmless the Owners against any consequences of the inspection including any costs, expense, risk, delay, loss or damage occasioned thereby.
(iii) The Master shall endeavour to co-operate with the inspector to facilitate such inspection. The inspection shall be planned and carried out in a manner that does not interfere with the safe operation or working of the Vessel or other inspections.
(iv) A copy of the inspection report shall be given to the Master on completion of the inspection.
(d) The Charterers shall provide the Owners with a copy of the marine risk assessment report, if any, without delay.
(e) The Owners shall exercise due diligence to comply with recommendations arising out of the assessment provided that they are consistent with and do not exceed the Owners’ obligations under this Charter Party including the rules, requirements, guidelines, directives or any other relevant regulations of the Vessel’s Classification Society and/or Flag State administration, which shall always prevail.
(f) Nothing in this Clause shall create any right to place the vessel off-hire and its provisions shall be without prejudice to all other rights, exceptions, obligations and defences of the parties under this Charter Party.