When the berth where the vessel is to load or discharge is not available upon her arrival at or off loading or discharging port, shifting expenses from anchorage or waiting berth shall be for Owners' account and shifting time used shall not count.
If Charterers have the option of loading/discharging the Vessel at two or more berths, shifting expenses (including those incurred when intervening waiting berth(s) are used between two loading of discharging berths) shall be for Charterers' account and shifting time shall count.
Vessel shall be warped as required. Such warping shall be for Owners' account and time shall count.
Overtime so payable to officers and crew and bunkers so consumed shall be for Owners' account.
Note: When negotiating this clause, make sure that it will not conflict with any stipulation in the charterparty regarding the waiting time.
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Although the container ship “Ever Given” was fortunately freed after less than a week blocking the Suez Canal, the consequences for owners and operators due to the delays caused may last for several weeks or even months.
Refund guarantees are complex legal documents and must meet the requirements of the issuing banks. BIMCO has, in close co-operation with legal and commercial experts, banks and shipyards, been working to develop a standard refund guarantee which can be used for shipbuilding contracts, such as SAJ.
In a clear sign of industry support for BIMCO’s initiative to develop a new ship sale and purchase agreement, the organisation has received over 800 individual comments on its consultation draft, which will shape the final version of the agreement.
This year, BIMCO has expanded its ice reporting to cover the Northern Chinese, Japanese and Greenland sea areas, and can advise on contractual issues related to ice clauses.
The development of a new BIMCO Force Majeure Clause is progressing and continued last week as the subcommittee met to draft a bolt-on provision relating to situations when cargo has been loaded onto the ship and a party declares force majeure.
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.
For general guidance and information on cargo-related queries.