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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The wording of sub-clause 2 a has been amended in BARECON to state, for the sake of clarity, that delivery to the barecpn will take place when the vessel is ready for delivery and “properly documented”. The Owners shall not contribute to General Average.
Republic of Liberia 2010 Clauses 10 d and Notice of Default X. It should be noted that the 12 months period in the Delivery Clause of Part II is now consistent with the time period applying to latent defects in the new-building provisions of Part III sub-clause 1 d. It should be noted that the term “bills of lading” has been changed to a general reference to “documents issued during the period of this Charter evidencing the terms and conditions agreed in respect of carriage of goods”.
Optional, only to apply if expressly agreed and stated in Box 29, in which event Clause 13 shall be considered deleted.
Charterer of title and registration documents, breakage fees associated bbarecon interest rate contracts including, but not limited to, forward fixesuse, non-use, misuse, operation, transportation, inspection, repair, maintenance, overhaul, testing, storage, fleeting, control or disposition of the Vessel or any Part thereof, including, without limitation, latent or other defects, whether or not discoverable, any claim for patent, trademark or copyright infringement and any and all liabilities, obligations, losses, damages and claims in any way relating to or arising out of injury to persons, properties or barrcon environment or arising under the doctrine of strict liability in tort.
Maritime Security Program Subsidy. Rate of interest payable acc. Early Buy-Out Options B. Chief Financial Officer Facsimile: Use of the Vessel’s Outfit, Equipment and G.
Barecon Standard Bareboat Charter Part I by Horizon Lines
It is under charter to the Charterers and by the terms of the Charter Party neither the Charterers nor the Master have any right, power or authority to create, incur or permit to be imposed on the Vessel any lien. Each of the Charterer and the Owner will cause to be done, executed, acknowledged and delivered all such further acts, conveyances, documents, instruments and assurances as the other shall reasonably require i for accomplishing the purposes of this Charter and the other Transaction Documents, and ii in order to carry out the intent and purpose of this Charter and to establish and protect the rights and remedies created or intended to be created hereunder brecon favor of the Owner and the Charterer.
B In the case of insurance carried pursuant to Clause 48 a i: Next, to the Owner in an amount up to the equity portion of the Barecom Loss Value of the Vessel as of the Payment Date first occurring after the event of Total Loss as set forth in Schedule 3 to this Charter; and.
Notwithstanding any such assignment, the Owner shall remain fully liable hereunder and shall guarantee the due and punctual performance of the obligations of such trust hereunder. See Clauses 73 and Nothing herein shall prevent the parties agreeing in writing to vary these provisions to provide for the appointment of a sole arbitrator.
Any such waiver shall relate only to such matter, non-compliance or breach as it expressly relates to and shall not apply to any subsequent or other matter, non-compliance or breach. Redelivery and Retaking II.
Bimco Standard Bareboat Charter Code Name : “Barecon ” by Scorpio
Stores The Owner acknowledges that such fuel, diesel oil, lubricating oil and stores as may be on board the Vessel at the time of delivery thereof to the Charterer on the Vessel Delivery Date will be the property of the Charterer. Insurance and Repairs – See also Clause 34 Year Minimum Insured Value. Such report shall also state that, bagecon the opinion of such insurance broker, the forms of policies or other evidence of such insurance and the amounts of insurance and other terms are x not materially less than what is reasonably necessary for the protection of the interests of the Owner and the Mortgagee and y are customary at the time for vessels of similar abrecon, type, trade and cargo.
The question of responsibility for repairs not covered by insurance due to, for example, franchise or deductibles applicable under the terms of the insurances, is also a point of importance that must be duly reflected in the Charter; otherwise, disputes may bareckn arise in this respect See sub-clause 13 a.
With respect to the items to be taken over and paid for at delivery and redelivery, the list has been revised to exclude “water” which the majority of vessels now produce themselves and “oils” as bunkers and lubricating oils are already included on the list. Relationship with Builder, Etc A.
Sub-clause 2 d provides for the parties to decide for whose account should accrue any liquidated damages for delay in delivery. Subject to as otherwise provided in this Charter, hire shall be paid continuously throughout the Charter Period.
Mortgage The provisions of this clause are framed on the presumption that the vessel is financed by mortgage and, therefore, also makes the provisions of Clause 12 b of Part II applicable. Unless otherwise agreed in Box 18, the Owners shall definite notice of the date on which the Vessel is expected to be ready for delivery. See Clause 36 Notwithstanding any other provisions contained in this Charter it is agreed that nuclear fuels or radioactive products or waste are specifically excluded from the cargo permitted to be loaded or carried under this Charter.
This issue is dealt with by requiring the charterers to act as “gratuitous bailees only” to the owners, whereby the charterers must care for the vessel without compensation until the owners can physically repossess her.
To the extent permitted by Applicable Law, the Charterer hereby 20001 any provision of Applicable Law which renders any provision hereof prohibited or unenforceable in any respect.
The clause was drafted with the common law concept “Privity of Contract” in mind. It is not the intention of this provision that the charterers should at all times keep the vessel classed without recommendations, provided that the recommendation’s expiry date does not pass without the charterers bareocn the necessary action to rectify the matter. If the charterers fail to make a decision within that time, then they lose the right to cancel the Charter.
It should be noted that this provision gives the parties the option of terminating the contract and should the owners wish the charterers to rectify a breach, they must provide very barecoon notice.