BIMCO Ship-to-Ship Transfer Clause for Dry Bulk Voyage Charter Parties 2015
(a) The Charterers shall have the right to order the Vessel to conduct ship to ship cargo operations to or from any other vessel(s), including floating cranes and barges, hereinafter “Ship-to-Ship Operations”. All such Ship-to-Ship Operations shall be at the Charterers’ risk, cost and expense.
(b) The Charterers shall direct the Vessel to a safe place, anchorage or berth for the conduct of such Ship-to Ship Operations where the Vessel can safely proceed to, lie and depart from, but always subject to the Master’s approval. The Charterers shall provide adequate fendering, securing and mooring equipment, and/or other equipment, as necessary for these operations, to the satisfaction of the Master.
(c) The Charterers shall obtain any and all relevant permissions from proper authorities to perform Ship-to-Ship Operations.
(d) If Ship-to-Ship Operations are carried out at a place or anchorage, such place or anchorage shall be considered as a berth. Notice of readiness may be tendered at such place or anchorage and laytime shall count in accordance with the Charter Party.
If, at any time, the Master considers that Ship-to-Ship Operations are, or may become, unsafe, he may order them to be suspended or discontinued. In such event the Master shall have the right to order the other vessel(s) away from the Vessel or to remove the Vessel.
Any stoppages or additional time attributable to Ship-to-Ship Operations shall not be excluded from laytime or time on demurrage.
(e) The Charterers shall indemnify the Owners for any liabilities, losses or costs, arising out of or related to Ship-to-Ship Operations.