BARECON 2001 PDF
Fill Barecon , download blank or editable online. Sign, fax and printable from PC, iPad, tablet or mobile with PDFfiller ✓ Instantly ✓ No software. Try Now!. BIMCO has recently published its new BARECON following a review of its predecessor, BARECON This revision represents a significant update to. Barecon Standard Bareboat Charter Part I filed by Horizon Lines on June 2nd,
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Intended Employment Sub-clause 10 c provides a requirement for the charterers to keep the owners and the mortgagees advised of the vessel’s intended employment, planned dry-docking and major repairs.
The Owners shall have the right once per calendar year at any time after giving reasonable notice, however not less than 15 days, to the Charterers and provided that it does not unduly interfere with the commercial operation of the Vessel to inspect or survey the Vessel or instruct a duly authorized surveyor to carry out such inspection or survey 201 their behalf: In the event that the Charterer at any time or times shall fail to obtain or maintain any of the policies of insurance required hereby or to pay any premium in whole or part relating thereto, the Mortgagee may, after the expiration of any applicable cure or grace period, without waiving or releasing any obligation or liability of the Charterer hereunder or an Event of Default under the Credit Agreement, in its sole discretion, obtain and maintain such policies of insurance as are required hereby and pay such premium and take any other commercially reasonable actions with respect thereto as the Mortgagee deems necessary 20011 insure the Vessel and to collect on such insurance.
The Bareboat Charter Registry The right to withdraw the vessel is now found in Clause 28 Terminationwhich also provides a so-called “anti-technicality” provision covering hire payments sub-clause 28 a i Charterers’ Default.
The charterers are also obliged to arrange, at their expense, the settling of their crew’s wages and disembarkation and repatriation costs. Part II of the form contains the main terms and conditions of the Charter of which it should be noted that not all apply to new-building vessels.
SmartCon is the next generation of contract editing tools developed using the latest technology from Microsoft. Clause 31 Notices The Notices Clause is new to BARECON and is designed to provide a single point of reference establishing the agreed method of communication between the parties for the duration of the charter period. Use of the Vessel’s Outfit, Equipment and G. This provision has been inserted to avoid a situation where the vessel is delivered in accordance with the Charter, but where certificates have insufficient time before expiry to allow the charterers to obtain renewals.
Wreck Removal In the event of the Vessel becoming a wreck or obstruction to navigation the Charterers shall indemnify the Owners against any sums whatsoever which the Owners shall become liable to pay and shall pay in consequence of the Vessel becoming a wreck or obstruction to navigation.
In the thirteen years that BARECON 89 has been available, it has established itself as the industry’s standard bareboat charter form, enjoying widespread use throughout the world. The Owners and Charterers shall each appoint surveyors for the purpose of determining and agreeing in writing the condition of the Vessel at the time of redelivery hereunder.
Extension of Charter Period Upon the expiration of the Basic Period, or if applicable, the Renewal Period, the Charter Period shall be extended a for the duration of any Voyage in progress of the Vessel at such expiration and any period necessary varecon the unloading of cargo related to such Voyage, and b for any period 22001 to make any repairs to the Vessel as may be required in order to put the Vessel in a condition necessary to comply with Clause 15provided that neither extension shall exceed 90 days.
Although sub-clause 5 c may be unnecessary in many jurisdictions, it 201 clarifies for other jurisdictions that the charterers’ claims for damages survive cancellation.
Insurance, Total Loss and Compulsory Acquisition Vice President, Finance Facsimile: Compulsory Acquisition shall be deemed to have occurred at the time of occurrence of the relevant circumstances described in Clause 25 b hereof. The revised BARECON 89 maintains the provisions of the earlier edition designed to cover the bareboat chartering of a vessel for a short period, say, four to six months.
Any annual tonnage tax that relates to the registration of the Vessel with the Marshall Islands shall be paid by the Charterers throughout the Charter Period.
If the rating of any insurer or underwriter is or falls below the rating required by the immediately preceding sentence whether on initial placement, renewal or otherwiseunless the Mortgagee shall consent otherwise and the Mortgagee agrees promptly to respond to any written request for such consent barecn, the Charterer shall replace such insurer or narecon with an insurer or underwriter that meets or exceeds such rating requirement not later than thirty 30 days after such required rating is no longer met.
Instead of hire accruing on a lumpsum basis per calendar month from the date of delivery, hire is payable under sub-clause 11 b not less than every 30 running days in advance, from the date of delivery.
All time used in respect of inspection, survey or repairs shall account as the Charter Period. Sub-clause 5 aas discussed above, deals with the charterers’ option to cancel if the vessel arrives after the cancelling date. In the context of bareboat chartering, the responsibility for arranging and paying insurances and effecting repairs rests solely with the charterers.
Barecon Standard Bareboat Charter Part I by Horizon Lines
In this Charter, the following terms shall have the meanings hereby assigned to them: The reference to the vessel’s “outfit” has now been expanded to include “spare parts” and it has been made clear that such “spare parts” are not considered “consumable stores” within the meaning of the 2001.
Department of the Treasury before delivery of the Baeecon hereunder, then the Owners will be in default and the Charter will automatically and without any further action be terminated.
Use of the Vessels Outfit, Equipment and Appliances The clause was drafted with the common law concept “Privity of Contract” in mind. The new provision allows the parties to choose who should bear the costs, including liability, of pursuing a claim or claims against the builders.
American Bureau of Shipping. This Charter shall be binding upon and enure for the benefit of the Owners and the Charterers and their respective successors and permitted assigns. Any demand for payment or otherwise made under paragraph 1 above shall be addressed as follows: The Vessel upon redelivery shall have her survey cycles up to date and trading and valid class certificates valid for at least the number of months agreed in Box Your message was sent successfully!
It should be noted that although sub-clause 1 d has been re-worded to make its provisions clearer, no substantive changes have been made to harecon text. Clause 25, the provisions of which are identical to those in BARECON 89, was drafted on the basis that in case of requisition for hire, the Charter remains in full force for the entire charter period agreed, whereas a compulsory acquisition or requisition for title terminates the Charter as of the date of such compulsory acquisition.
It is the intention of this Clause that the charterers’ rights cease upon becoming “gratuitous bailees only” to the owners, but that certain obligations remain until such bafecon as the owners can effect physical repossession.
The final sentence of the original version of sub-clause awhich stated “The Hire under this Charter shall be payable to the owners from the same time as the Requisition Hire is payable to the Charterers” was felt to be inconsistent with the principle of hire being paid continuously.
Finally, as termination of the Charter should not prejudice the parties’ rights neither should any claims that the parties might have against each other be prejudiced, which is now reflected at the end of Sub-clause e. According to this Clause, the charterers undertake not to employ the vessel under terms that are not in conformity with the terms of the insurance without first obtaining the consent to such employment of the insurers.
Frequency of dry-docking Cl. If, however, the charterers do not settle the payment of hire within the agreed period, the owners have the right to withdraw the vessel from the service of the charterers and terminate the Charter without further notice. Ninety 90 days preliminary notice followed by thirty 30fifteen 15 and seven 7 days prior written notices of Delivery Date. Preservation of Existence III.