A17826 Wed, 15 Oct 2008 05:18 From: Eitzen Chemical, ASIA - Operation To : SICHEM HAWK - MASTER Sent 10/13/2008 8:42 AM Cc : EMS Ship Management IN - Technical Team 2 Sent 10/13/2008 8:19 AM Date: Monday, October 13, 2008 8:19 AM Msg: AMOS-145514127 Path: \MASTER\Inbox Sub : SICHEM HAWK / WILMAR CP 18.09.08 - VOY 01 FIXTURE DETAILS GD DAY CAPT,
PLS FIND BELOW FIXTURE DETAILS OF SICHEM HAWK VOY 01:
CHARTER PARTY DATED
: 18 SEPTEMBER 2008
CHARTERER
: WILMAR TRADING PTE LTD OR NOMINEE (IN CASE OF NOMINEE, WILMAR TRADING PTE LTD
TO REMAIN FULLY RESPONSIBLE FOR THE PERFORMANCE OF THE ABOVE CHARTER PARTY) REGISTERED OWNERS
: EITZEN CHEMICAL (SINGAPORE) PTE LTD
C/P FORM CLAUSE
: VEGOILVOY C/P WITH USUAL OWNERS PROTECTIVE
E. LOADING PORT(S)/RANGE(S) : 1/2SP 1SB EACH OUT OF DUMAI INCL PELINTUNG BERTH, KUALA TANJUNG, PASIR GUDANG, PORT KLANG, BUTTERWORTH, LUMUT (MALAYSIA), BELAWAN, SINGAPORE
F. DISCHARGING PORT(S)/RANGE(S) : 1/2SP 1SB EACH OUT OF ROTTERDAM, GENOA, BARCELONA, TARRAGONA, CARTAGENA, BILBAO, BREST, ANTWERP, MERSEYSIDE, HAMBURG, BRINDISI, VENICE, VASTO, RAVENNA
G. CARGO QUANTITY: MIN 23,000 MTS 2% MORE CHOPT UP TO MAX (VSL'S MAX APPROX: 29,000 CBM)
H. CARGO DESCRIPTION: 1/3 GRADES OF BIODIESEL (PALM FATTY ACID METHYL ESTER) IN BULK AND WVNS. FFA CONTENT 0%. VISCOSITY = 8 AT DISCH 25 DEG C.
I. HEAT: AMBIENT LOADING / CARRIAGE. SOME HEAT MAY BE REQUIRED AT DISCHARGE (20 / 30 DEG C).
O. LAYTIME: 250 MTPH FOR LOADING 250 MTPH FOR DISCHARGING SHINC REVERSIBLE
P. VOYAGE AGENTS: CHARTERERS BOTH ENDS PROVIDED COMPETITIVE - WILL REVERT
Q. SPECIAL PROVISION 2. THE CHARTERERS HAVE THE OPTION TO LOAD OUTSIDE THE VESSEL'S NATURAL SEGREGATIONS ON THE BASIS OF TANKWISE SEGREGATION, PUMP AND LINE SHARING AT THEIR RISK. THE CHARTERERS SHALL ALSO HAVE THE OPTION TO LOAD "OVER THE TOP" (HOSES TO BE ARRANGED AND SUPPLIED AT THEIR TIME, RISK AND EXPENSE) PROVIDING THE SHORE SIDE, SUPPLIERS/RECEIVERS AND PORTS INVOLVED ALLOW "OVER THE TOP" LOADING.
REVISED WILMAR RIDER TERMS AS DATED 01ST JUNE 2001
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SPECIAL TERMS -------------
1. WAITING CLAUSE: SHOULD SHIPPERS/RECEIVERS' CARGO DOCUMENTATION NOT BE IN ORDER AT THE LOADING/DISCHRGE PORT (S), CHARTERER TO HAVE OPTION TO ORDER MASTER/VESSEL NOT TO ENTER THE LOAD/DISCHARGING PORT(S) UNTIL FURTHER INSTRUCTIONS GIVEN BY CHARTERER.WAITING TIME FOR CHARTERER GIVING INSTRUCTIONS SHALL BE FOR FOR CHARTERERS ACCOUNT AND TIME TO COUNT AS USED LAYTIME. OR IF ON DEMURRAGE, TIME ON DEMURRAGE.
4. SHIP TO SHIP OR DOUBLE BANKING CLAUSE If lightering/STS transfer is required same always to be in accordance with OCIMF latest edition of STS transfer. CHARTERER HAS THE OPTION TO LOAD/DISCHARGE BY MEANS OF SHIP TO SHIP TRANSFER OR DOUBLE BANKING, PROVIDING CHARTERER TO SUPPLY ALL NECESSARY EQUIPMENT (ADEQUATE FENDERS AND FLEXIBLE HOSES) TO ENSURE SAFE OPERATION AND TO AVOID DAMAGE TO VESSEL. THIS IS ALWAYS SUBJECT TO THE MASTERS DISCRETION BUT SAME NOT TO BE UNREASONABLY WITHELD. ANY EXTRA COSTS (INCLUDING AGENCY COST AT SHIP TO SHIP POSITION, IF ANY) AND TIME INVOLVED DUE TO THIS LOADING MODE (FROM TIME VESSEL DROPPED ANCHOR, TO COMPLETION OF LOADING/DISCHARGE) ARE TO BE FOR CHARTERERS' ACCOUNT. IF SUCH OPERATION DECLARED, IT SHALL NOT CONSTITUTE AS A LOAD/
DISCHARGE PORT AND THEREFORE CHARTERER WILL NOT BE ENTITLED TO THE SIX (6) HOURS AFTER NOTICE OF READINESS AND ON THE CONDITIONS THAT VESSEL NEEDS TO LOAD FROM OTHER PORT (S) IN THE STRAITS.
WILMAR TRADING RIDER TERMS (REVISION 5) DTD 18TH APRIL 2001 -----------------------------------------------------------
1. NOTICE CLAUSE: TOTAL TIME TO BE REVERSIBLE. THIS APPLIES EVEN WHEN VESSEL IS ON DEMURRAGE. SIX (6) HOURS NOTICE OF READINESS AT LOAD AND DISCHARGE PORT(S) TO BE GIVEN BY THE MASTER TO THE SHIPPER(S)/RECEIVER(S) AS SOON AS THE VESSEL HAS ARRIVED, AND IS IN EVERY RESPECT READY TO LOAD OR DISCHARGE THE CARGO(ES).
6. SUITABILITY CLAUSE: VESSEL MUST BE FIT AND IN ALL RESPECTS SUITABLE FOR CARRIAGE OF EDIBLE OIL. COPPER AND ITS ALLOY SUCH AS BRASS, BRONZE AND GUN METAL, SHALL NOT BE USED FOR ANY PART OF THE VESSEL. INSTALLATION AND/OR TRANSPORT SYSTEMS THAT HAS CONTACT WITH THE OILS, SUCH AS PIPING, PIPE CONNECTION, VALVES, HEATING COILS, TEMPERATURE GUAGES, AUTO GAUGING DEVICES, HIGH LEVEL ALARM SYSTEMS, FIXED TANK CLEANING EQUIPMENT, STRAINERS, AND PUMPS, OR ANY SAMPLING APPARATUS.
7. CLEANING CLAUSE: OWNER/VESSEL TO FULLY CLEAN TANKS, LINES AND PUMPS TO CHARTERERS' INSPECTORS SATISFACTION. SAME NOT UNREASONABLY WITHHELD. CLEANING ALWAYS TO BE FOR OWNERS ACCOUNT.
8. CLEANLINESS CLAUSE: VESSEL TANKS, PUMPS, PIPELINES AND HEATING COILS MUST ALWAYS BE DRY AND CLEAN OF PREVIOUS CARGO, FOREIGN ODOURS, LOOSE SCALE, AND RUST, TANKS, COILS, AND PIPES MUST WITHSTAND REQUIRED SURVEYORS TEST AND STEAM PRESSURE BUT MAXIMUM 7KG/CM. ANY DOUBLE BOTTOMS BENEATH TANKS MUST BE TESTED. PIPELINES, VALVES AND PUMPS TO BE CLEAN AND TIGHT. IN THE EVENT THAT THE VESSEL IS UNABLE TO CONDUCT TESTING, A CERTIFICATE OF CLEANLINESS, DRYNESS, AND TIGHTNESS OF THE TANKS, VALVES, PIPES, HOSES TO BE ISSUED BY THE SURVEYOR. SHOULD THE VESSEL FAIL TO PASS THE FIRST TANK INSPECTION BY THE CHARTERERS'/SHIPPERS' SURVEYOR, THE COSTS FOR ALL SUBSEQUENT INSPECTIONS TO BE FOR OWNERS' ACCOUNT.
9. HEATING CLAUSE : OWNER/VESSEL TO HEAT CARGO IN ACCORDANCE WITH CHARTERERS'/SHIPPERS'/RECEIVERS'/INSPECTORS' INSTRUCTION AND SATISFACTION. IN THE ABSENCE OF INSTRUCTIONS FROM ANY OF THE ABOVE MENTIONED, OWNER/MASTER TO PERFORM ACCORDING TO THE HEATING INSTRUCTIONS OF IASC (INTERNATIONAL ASSOCIATION OF SEED CRUSHERS) MANUAL, OF WHICH THE MASTER TO HAVE A COPY ONBOARD THE VESSEL. MASTER TO SIGN RECEIPT OF HEATING INSTRUCTIONS AS PRESENTED BY ONE OF THE ABOVE. IF REQUESTED BY CHARTERER, VESSEL TO PRESENT A COPY OF HEATING LOG SHOWING DAILY RECORDED TEMPERATURES OF THE CARGO(ES) TANK BY TANK.
15. VESSELS TANK CLAUSE: SHIPS TANKS TO BE STAINLESS STEEL OR EPOXY COATED.
17. SEGREGATION CLAUSE:
SUBJECT CARGO TO BE STOWED SEPERATELY AND COMPLETELY SEGREGATED FROM OTHER SHIPPERS'/CHARTERERS' CARGO EVEN IF OF THE SAME GRADE. PUMPING FROM ONE TANK TO ANOTHER ON THE SAME VESSEL IS NOT ALLOWED EXCEPT FOR THE REQUIREMENTS OF SAFETY. IN EVENT THAT CARGO TRANSFER HAS TO BE PERFORMED FOR SAFETY REASONS, A DETAILED EXPLANATION MUST BE GIVEN IN WRITING TO CHARTERER. IN EVENT OF CARGO TRANSFER ALL COSTS/CONSEQUENCES ARISING FROM SUCH TRANSFER INCLUDING BUT NOT LIMITED TO CARGO SHORTAGE/CONTAMINATION WILL BE FOR OWNERS ACCOUNT.
21. ITINERARY / ETA CLAUSE : OWNERS TO GIVE VESSEL'S ETA LOADPORT UPON FIXING, TOGETHER WITH THE VESSELS FULL ITINERARY. OWNERS/MASTER TO SERVE 14/10/8/6/4/2 DAYS AND 24HRS NOTICE OF ARRIVAL AT LOAD AND DISCHARGE PORT(S) TO WILMAR TRADING PTE LTD. OWNER TO KEEP CHARTERER POSTED IMMEDIATELY OF ANY CHANGES IN VESSELS ETA / ITINERARY.
24. PUMPING CLAUSE: OWNER WARRANTS THAT EACH PUMPING FACILITY OF THE VESSEL SHALL BE CAPABLE OF DISPLACING TWO HUNDRED (200) M/T PER HOUR OF CARGO OR, ALTERNATIVELY, OF MAINTAINING AN AVERAGE DISCHARGE PRESSURE OF ONE HUNDRED (100) PSI AT THE VESSELS RAIL / MANIFOLD. FAILURE TO PUMP AT THIS RATE OR PROVIDE MINIMUM RAIL / MANIFOLD DISCHARGE PRESSURE AS JUST STIPULATED WILL EXCUSE CHARTERER FROM PAYMENT FOR ANY VESSEL TIME ON DEMURRAGE EQUIVELANT TO THE CUMULATIVE TIME PERIOD (S) OF THE REDUCED PUMPING RATE OR LOWER DISCHARGE RAIL / MANIFOLD PRESSURE (WHETHER SUCH PERIOD(S) OCCUR PRIOR OR AFTER EXPIRATION OF LAYTIME) UNLESS SUCH REDUCED PERFORMANCE HAS BEEN REQUIRED BY CHARTERER OR THE RECEIVING FACILITY IS UNABLE TO ACCEPT THE AFORESAID LEVEL OF PERFORMANCE. VESSEL SHALL ALSO BE CAPABLE OF DISCHARGING A MINIMUM OF TWO GRADES SIMULTANEOUSLY.
WITHOUT PREJUDICE TO THE LAYTIME CLAUSE AGREED, IF REQUIRED BY CHARTERER / RECEIVER, OWNER / MASTER TO MAXIMISE DISCHARGE SPEED UPTO THE RECEIVING CAPACITY OF THE SHORE FACILITY.
28. BLENDING CLAUSE: CHARTERER SHALL HAVE THE OPTION TO BLEND THE CARGO ONBOARD THE VESSEL PROVIDED THAT SUCH BLENDING IS WITHIN THE TECHNICAL CAPABILITY OF THE VESSEL. SUCH BLENDING OF CARGO WILL BE UNDER CHARTERERS INSTRUCTION AND AT THEIR RISK / TIME.
29. LOW FLASH CLAUSE: NO LOW FLASH CARGO ALLOWED ONBOARD WITHOUT PRIOR CONSENT FROM CHARTERER.
30. PORT REGULATION / RESTRICTION CLAUSE: OWNER/VESSEL TO COMPLY WITH ALL/ANY PORT REGULATIONS AT LOAD/DISCHARGE PORT(S). ANY TIME LOST DUE TO VESSEL/OWNER NON-COMPLIANCE TO BE FOR OWNERS' ACCOUNT.
33. LOADING INSTRUCTIONS CLAUSE: OWNERS SHALL BE RESPONSIBLE FOR ANY TIME LOST, COSTS, PROVEN DAMAGES, DELAYS OR LOSS ASSOCIATED WITH VESSEL DEVIATING FROM CHARTERERS' VOYAGE INSTRUCTIONS, INCLUDING LOADING ANY CARGO QAUNTITY IN EXCESS OF VOYAGE ORDERS. IN ADDITION, CHARTERER SHALL NOT BE RESPONSIBLE FOR ANY DEADFREIGHT DUE TO OWNERS' FAILURE TO LIFT MINIMUM QAUNTITY SPECIFIED IN CHARTER PARTY. IF A DISCREPANCY ARISES AT LOADING TERMINAL, MASTER HAS TO SEEK CLARIFICATION BY CONTACTING CHARTERER AND/OR THEIR REPRESENTATIVE IMMEDIATELY BEFORE CONTINUING TO LOAD OR SAIL. IN THESE CIRCUMSTANCES THE AGENTS/SHIPPERS DO NOT ACT ON BEHALF OF CHARTERER. TERMINAL ORDERS SHALL NEVER SUPERSEDE CHARTERERS' INSTRUCTIONS.
37. VOYAGE ORDERS: OWNER / MASTER WILL ACKNOWLEDGE RECEIPT OF CHARTERERS' VOYAGE ORDERS AS SENT SEPERATELY. ANY DEVIATION FROM SUCH VOYAGE ORDERS BY EITHER THE MASTER OR OWNERS WILL RESULT IN ALL COSTS / CONSEQUENCES BEING FOR OWNERS ACCOUNT.
FOSFA REGULATIONS:
OWNER/VESSEL/MASTER MUST COMPLY WITH FOLLOWING FOSFA INTERNATIONAL REGULATIONS FOR THE CARRIAGE OF VEGETABLE OILS . A. OPERATIONAL PROCEDURE FOR OCEAN CARRIERS IN FORCE AT THE DATE OF FIXING. B. QUALIFICATIONS FOR ALL SHIPS ENGAGED IN THE OCEAN CARRIAGE AND TRANSHIPMENT OF OILS AND FATS FOR EDIBLE OR OLEO CHEMICAL USE IN FORCE AT THE TIME OF FIXING. C. IN CASE OF TRANSHIPMENT, OWNERS MUST COMPLY WITH FOSFA REGULATIONS INCLUDING OPERATIONAL PROCEDURES FOR TRANSHIPMENT VESSELS IN FORCE AT THE DATE OF FIXING.
- TEAM OWNERS CLAUSES 1-24 (ATTACHED) WITH FOLLOWING AMENDMENTS TO APPLY.
08. PUMPING CLAUSE
Owner warrants that the vessel is capable of discharging its entire cargo within 24 hours provided shore facilities permit, or alternatively that she will average a minimum pressure of 100 PSI at her manifold during all discharge (stripping excluded) operation(s). If vessel fails to meet the above warranties, then Charterer shall not be responsible for any pumping time used in excess of 24 hours.
The vessel may, as a consequence of her failure to maintain the warranted discharge rate, have to be withdrawn from the berth, and all time lost and expenses incurred in this connection shall be for Owner's account.
In the event the cargo is not discharged within the warranted 24 hour period, or when pumping restrictions of any kind are imposed by the terminal, then the master shall lodge a protest against the receiving terminal. When submitting a demurrage claim, Owner shall furnish copies of all protests lodged together with a copy of the vessel's pumping log, which shall reflect hourly pressure gauging at the vessel's manifold.
22. SECURITY CLAUSE
Notice of Readiness - At the end of the Vessel's sea passage at each place or port of loading or discharge, or upon arrival at any customary waiting place or any other place she is ordered to wait, the Vessel shall be entitled to tender Notice of Readiness whether anchored or not, whether in port or not, whether inspected and/or cleared or not. Delays or Time Lost - Otherwise, notwithstanding anything to the contrary in this Charter, any delay or time whatsoever lost, whether directly or indirectly (including consequential delays), used or spent in inspecting the vessel and/or obtaining the required security clearances from the authorities to permit the Vessel to berth or depart shall count as laytime or time on demurrage. Expenses - If any expenses or additional fees are incurred at the port related to security measures or obtaining entry/clearances, same to be for Charterers account. Such expenses shall include, but not be limited to, security guards, a launch to the vessel, tug escorts, port security fees and costs of inspection, if any.
23. ISPS CLAUSE (i) From the date of coming into force of the International Code for the security of ships and of port facilities and the relevant amendments to Charter XI of Solas (ISPS Code) in relation to the vessel, the owners shall procure that both the vessel and "the company" (as defined by the ISPS Code) shall comply with the requirements of the ISPS Code and US Maritime Transportation Security ACT 2002 (MTSA) relating to the vessel and "the company". Upon request the owners shall provide a copy of the relevant International Ship Security Certificate (or the interim International Ship Security Certificate) to the charterers. The owners shall provide the charterers with the full style contact details of the company security officer (CSO). (ii) Except as otherwise provided in this Charter Party, loss, damage, expense or delay, excluding consequential loss, caused by failure on the part of the owners or "the Company" to comply with the requirements of the ISPS code or MTSA or this Clause shall be for owners account. (B) (i) The charterers shall provide the CSO and the ship security officer (SSO)/Master with their full style contact details and any other information the owners require to comply with the ISPS code or MTSA (ii) Except as otherwise provided in this charter party, loss, damage,
excluding consequential loss, caused by failure on the part of the charterers to comply with this clause shall be for the charterers account and any delay caused by such failure shall be compensated at the demurrage rate. (C) Provided that the delay is not caused by the owners failure to comply with their obligations under the ISPS codde or MTSA, the following shall apply: (i) Notwithstanding anything to the contrary provided in this charter party, vessel shall be entitiled to tender notice of readiness even if not cleared due to applicable security regulations or measures imposed by a port facility or any relevant authority under the ISPS code or MTSA (ii) any delay resulting from measures imposed by a port facility or by any relevant authority under the ISPS Code or MTSA shall count as laytime or time on demurrage if the vessel is on laytime or demurrage. If the delay occurs before laytime has started or after laytime or time on demurrage has ceased to count, it shall be compensated by the charterers at the demurrage rate. (D) Any additional costs or expenses whatsoever solely incurred in order to procure services at a port to which the vessel is ordered by charterers, in order to meet the requirements of the ISPS code or MTSA in relation to such port, including, but not limited to, security guards, launch service, tug escort, port security fees or taxes and inspections, shall be for charterers account unless such costs or expenses result solely from the owners' negligence. All measures required by the owners to comply with the ship security plan shall be for owners account. (E) If either party makes any payment which is for the other parties account according to this clause, the othe party shall indemnify the paying party. 24. MARPOL SLOP DISPOSAL CALUSE TO APPLY
MARPOL (a) If mandatory wash or prewash of cargo tanks (Wash) in accordance with requirements of MARPOL 73/78 Annex II is required, the same shall be performed in direct continuation and expeditiously upon completion of discharging cargo in conformity with the Vessel's "procedures and arrangements manual" and in accordance with the local port regulations. Any time used or delays incurred for such Wash shall be for the Charterer's account and count as laytime or when laytime has expired as time on demurrage.
(b) The Charterer shall provide suitable and adequate facilities, which shall be immediately available and accessible to the Vessel upon completion of discharge for the reception of such mixture of fresh washing water/cargo residues originating from cargo carried under this Charter and respective Bills of Lading. The cost of such facilities and responsibility for ultimate disposal of any such mixture originating from Charterer's cargo shall be for Charterer's sole account.
(c) In the event that the Vessel is required to vacate the discharging berth to perform tank washing and/or Wash, as provided above, any shifting expense and additional bunker cost shall be for the Charterer's account. Time used hereby shall count as used laytime, or if the Vessel is on demurrage, as time on demurrage. Any delay in providing the necessary reception facilities and time used for discharging cargo residue mixture shall count as laytime, or if the Vessel is on demurrage, as time on demurrage.
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PLS CONFIRM RCPT AND UNDERSTANDING BY RTN.
THKS.
Best Regards Eitzen Chemical Shannon Ang Direct: +65 6557 7611 Mobile: +65 9695 8500 Email:
[email protected]
