The Baltic Wood Charter Party was developed for the wood trade from the Baltic and the North Sea (with the exception of Russian ports) to the U.K. and Ireland. The latest edition of this contract is NUBALTWOOD, issued in 1997.
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It is to be noted that the geographical area covered by this Charter Party has been extended to cover not only the Baltic (with the exception of Russian ports) but also the whole North Sea.
All variable details pertaining to the particular voyage are to be entered in the boxes provided. Each box contains a short description of the intended contents and a cross-reference to the relevant clause or clauses in the printed body of Part II. Although some of the boxes in Part I may call for special comments in these Notes, it has been considered more practical to make such comments when dealing with the relevant clauses in Part II.
In a notice at the foot of the front page Owners’ attention is drawn to the necessity of reporting the fixture by sending a copy of Part I to the UKTTSMA. Addresses are provided on the reverse which also contains a box used by the UKTTSMA for administrative purposes.
Cargo margins have been narrowed from the previous 10% to 2.5% upwards and 6% downwards. There is a provision to limit the amount of deck cargo in which case the maximum percentage of deck cargo should be entered in Box 18 if required. Owners are to provide and erect uprights to provide tarpaulins and cover deck cargo therewith and to provide and secure lashings. If slings are required Owners may agree to provide them.
Sub-clause 5.2, dealing with advance freight, replaces the old Clause 7 in a slightly reworded form and the limit is now based on the freight applicable to individual Bills of Lading rather than total freight.
Sub-clause 5.3 is new and provides for interest on base rate plus 3% payable on any outstanding freight and charges.
Sub-clause 7.1 is a reworded version of the old Clause 2 where the previous reference to specifically named public holidays has been deleted and the notice period increased to 10 clear working days. The reference to demurrage for lighters and trucks is replaced by “proven extra costs”. Sub-clause (c) has been more clearly worded.
Sub-clause 7.2 deals separately with notice of readiness in a form which is self-explanatory.
Sub-clause 7.3 replaces the latter part of the old Clause 11, the wording corresponds to similar provisions in RUSWOOD. There are now clear instructions for the marking of packages.
Sub-clause 7.4: Two alternatives for loading expenses are given, i.e. “Free in and stowed” and a “Liner Terms” alternative which will be particularly useful for part cargoes. In both alternatives it is clearly stipulated who appoints and pays for the stevedores and in both cases the cargo is brought alongside at the Charterers’ expense, risk and liability.
Sub-clause 7.5 is partly drawn from corresponding provisions in the current Clause 6 and tied in with the UKTTSMA Rules.
Sub-clause 7.6 is essentially a slightly amended version of the old Clause 18.
Sub-clause 7.7 is a simplified version of the last paragraph of the old Clause 6.
The reservations on cargo details have been expanded to include “weight, value and description of the contents of the packages”. In addition, in line with English law judgements, the provisions incorporating the terms and conditions of the charter party into the Bill of Lading now include an express reference to the Arbitration Clause.
There is an obligation on the Charterers to provide information necessary to prepare the Bills of Lading in sufficient time so that the Vessel can sail without delay.
Sub-clause 9.1 on notice of readiness for discharge to a large degree mirrors the corresponding sub-clause 7.2 on loading.
Sub-clause 9.2 is a very much simplified version of the stipulations formerly contained in Clause 15 of the old Charter.
It offers three options: “Free Discharge” either with or without incentive money or “Shared Costs”. In the latter case discharging up to release from ship’s tackle is for the Owners’ account whilst expenses beyond that point are for the Charterers’ account.
Unless otherwise agreed and stated in Box 23 alternative (a) is the preferred one.
Sub-clause 9.3 mirrors the corresponding sub-clause 7.5 for loading.
Sub-clause 9.4 replaces the old Clause 19 and is virtually unchanged.
Sub-clause 9.5 is new and stipulates that tally shall take place alongside the Vessel and that all accounts and claims relating to the discharging port are to be settled between Owners and Consignees.
The option of being chartered for “first open water” has been deleted.
After a sub-clause 21.2, with definitions and general rules, the next 3 sub-clauses set out the procedure in case of strikes breaking out at the following points in time:
21.2 – at the loading port before the Vessel’s arrival
21.3 – at the loading port on or after the Vessel’s arrival
21.4 – at the discharging port before or after the Vessel’s arrival
If in any of these cases the Charterers decide to keep the Vessel waiting for the strike to end, they must agree to the provisions of sub-clause 21.5 which stipulate:
(i) no demurrage for the first 6 running days
(ii) half demurrage thereafter for the next 7 running days
(iii) full demurrage thereafter
A number of exceptions to the above basic principles are enumerated in the following sub-clauses 21.6 to 21.9 which are self-explanatory.
A provision is included to settle claims not exceeding 20,000 ECUs by means of the Small Claims procedure of the London Maritime Arbitrators Association.
However, if parties so wish an alternative jurisdiction and place of arbitration may be chosen for settlement of disputes arising under the Charter Party, in which case this should be indicated in Box 28.
Copyright to the NUBALTWOOD Charter Party and NUBALTWOODBILL Bill of Lading form is held by BIMCO.
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