BIMCO Sea Traffic Management (STM) Clause for Voyage Charter Parties 2018
(a) The Owners and Charterers shall use their best endeavours to obtain and share information regarding the Vessel’s Arrival Time, this shall include, but not be limited to, information from, or required by, an applicable STM system. For the purpose of this Clause, “Arrival Time” means the time of arrival at the place advised by the STM system.
(b) Notwithstanding any other clause in this Charter Party, the Charterers shall be entitled to request the Owners in writing to adjust the Vessel’s speed to meet the Arrival Time, always subject to the Owners’ consent which shall not be unreasonably withheld and, in the case of an approach voyage, subject to agreeing an amended cancelling date. The Charterers shall not be entitled to request an adjustment of speed that exceeds the Vessel’s speed as set out in the Charter Party.
(c) Any extra time used on a sea voyage as a direct consequence of the Vessel adjusting speed pursuant to the Charterers’ request shall be compensated by the Charterers to the Owners at a rate equal to ___ % of the demurrage rate (if left blank then fifty per cent (50%) shall apply).
(d) The amount of extra time used shall be agreed by the parties, and compensation under Subclause (c) above shall be payable by the Charterers to the Owners, prior to completion of final discharge. Failing such agreement, the amount of extra time used shall be determined by _____________ (“the Expert”), who shall act as an expert and not as an arbitrator and whose decision shall be final and binding upon the parties. Such Expert shall reach a determination, using such data and evidence as deemed appropriate, and which the parties are required to provide, within 30 days of completion of discharge. Payment shall be made by the Charterers immediately on receipt of the Expert’s determination. The costs of such Expert shall be shared equally by the parties.
(e) Where the Vessel proceeds at a speed adjusted in accordance with Sub-clause (b), this shall constitute compliance with, and there shall be no breach of, any obligation as to despatch and shall not constitute a deviation.
(f) The Charterers shall ensure that the terms of the bills of lading, waybills or other documents evidencing contracts of carriage issued by or on behalf of the Owners provide that compliance by Owners with this Clause does not constitute a breach of the contract of carriage. The Charterers shall indemnify the Owners against all consequences and liabilities that may arise from bills of lading, waybills or other documents evidencing contracts of carriage being issued as presented to the extent that the terms of such bills of lading, waybills or other documents evidencing contracts of carriage impose or result in the imposition of more onerous liabilities upon the Owners than those assumed by the Owners under this Clause.
(g) The Owners and Charterers shall give due consideration to environmental factors, including emission reductions, when determining the reasonableness of any orders given under this Clause.