租船标准合同格式(定程租船)

出处：按学科分类—经济 对外经济贸易大学出版社《当代国际贸易与金融大辞典》第1183页（19293字）

Adopted by

the Documentary Committee of the General

Council of British Shipping，London

and the Documentary Committee of The Japan

Shipping Exchange，Inc．Tokyo

Copyright，published by The Baltic and International Maritime Conference (BIMCO)，Copenhagen

It is mutually agreed that this Contract shall be performed subject to the conditions contained in this Charter which shall include Part I as well as Part Ⅱ ．In the event of a conflict of conditions，the provisions of Part I shall prevail over those of part Ⅱ to the extent of such conflict．

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PART Ⅱ

“Gencon”Charter(As Revised 1922 and 1976)Including“F．I．O．”Alternative，etc．

1．It is agreed between the party mentioned in Box 3 as Owners of the steamer or motor-vessel named in Box 5m of the gross/nett Register tons indicated in Box 6 and carrying about the number of tons of deadweight cargo stated in Box 7，now in position as stated in Box 8 and expected ready to load under this Charter about the date indicated in Box 9，and the party mentioned as Charterers in Box 4

that：

The said vessel shall proceed to the loading port or place stated in Box 10 or so near thereto as she may safely get and lie always afloat，and there load a full and complete cargo (if shipment of deck cargo agreed same to be at Charter’s risk) as stated in Box 12(Charterers to provide all mats and/or wood for dunnage and any separations required，the Owners allowing the use of any dunnage wood，on board if required) which the Charterers bind themselves to ship，and being so loaded the vessel shall proceed to the discharging port or place stated in Box 11 as ordered on signing Bills of Lading or so near thereto as she may safely get and lie always afloat and there deliver the cargo on being paid freight on delivered or intaken quantity as indicated in Box 13 at the rate stated in Box 13．

2．Owner’s Responsibility Clause

Owners are to be responsible for loss of or damage to the goods or for delay in delivery of the goods only in case the loss，damsage or delay has been caused by the improper or negligent stowage of the goods (unless stowage performed by Shippers/Charterers or their stevedores or servants) or by personal want of due diligence on the part of the Owners or their Manager to make the vessel in all respects seaworthy and to secure that she is properly manned，equipped and supplied or by the personal act or default of the Owners or their Manager．And the Owners are responsible for no loss or damage or delay arising from any other cause whatsoever，even from the neglect or default of the Captain or crew or some other person employed by the Owners on board or ashore for whose acts they would，but for this clause，be responsible，or from unseaworthiness of the vessel on loading or commencement of the voyage or at any time whatsoever damage caused by contact with or leakage，smell or evaporation from other goods or by the inflammable or explosive nature or insufficient package of other goods not to be considered as caused by improper or negligent stowage，even if in fact so caused．

3．Deviation Clause

The vessel has liberty to call at any port or ports in any order，for any purpose，to sail without Pilots，to tow and/or assist vessels in all situations，and also to deviate for the purpose of saving life and/or property．

4．Payment of Freight

The freight to be paid in the manner prescribed in Box 14 in cash without discount on delivery of the cargo at mean rate of exchange ruling on day or days of payment，the receivers of the cargo being bound to pay freight on account during delivery，if required by Captain or Owners．Cash for vessel’s ordinary disbursements at port of loading to be advanced by Charterers if required at highest current rate of exchange，subject to two per cent，to cover insurance and other expenses．

5．Loading/Discharging Costs

●(a) Gross Terms

The cargo to be brought alongside in such a manner as to enable vessel to take the goods with her own tackle．Charterers to procure and pay the necessary men on shore or on board the lighters to do the work there，vessel only having the cargo on board．If the loading takes place by elevator，cargo to be put free in vessel’s holds，Owners only paying trimming expenses．Any pieces and/or packages of cargo over two tons weight，shall be loaded，stowed and discharged by Charterers at their risk and expense．The cargo to be received by Merchants at their risk and expense alongside the vessel not beyond the reach of her tackle．

●(b)F．I．O．and free stowed/ trimmed

The cargo shall be brought into the holds，loaded，stowed and/or trimmed and taken from the holds and discharged by the Charterers or their Agents，free of any risk，liability and expense whatoever to the Owners．The Owners shall provide winches，motive power and winchmen from the Crew if requested and permitted；If not，the Charterers shall provide and pay for winchmen from shore and/or cranes if any．(This provision shall not apply if vessel is gearless and stated as such in Box 15)．

●Indicate alternative (a) or (b)，as agreed，in Box 15．

6．Laytime

●(a) Separate laytime for loading and discharging

The cargo shall be loaded within the number of running hours as indicated in Box 16，weather permitting，Sundays and holidays excepted，unless used，in which event time actually used shall count．The cargo shall be discharged within the number of running hours as indicated in Box 16，weather permitting，Sundays and holidays excepted，unless used，in which event time actually used shall count．

●(b) Total laytime for loading and discharging

The cargo shall be loaded and discharged within the number of total running hours as indicated in box 16，weather permitting，Sundays and holidays excepted，unless used，in which event time actually used shall count．

●(c) Commencement of laytime (loading and discharging)

Laytime for loading and discharging shall commence at 1 p．m．if notice of readiness is given before noon，and at 6 a．m．next working day if notice given during office hours after noon．Notice at loading port to be given to the Shippers named in Box 17．Time actually used before commencement of laytime shall count．Time lost in waiting for berth to count as loading or discharging time，as the case may be．

●Indicate alternative (a) or (b) as agreed，in Box 16．

7．Demurrage

Ten running days on demurrage at the rate stated in Box 18 per day or pro rata for any part of a day，payable day by day，to be allowed Merchants altogether at ports of loading and discharging．

8．Lien Clause

Owners shall have a lien on the cargo for freight，dead-freight，demurrage and damages for detention．Charterers shall remain responsible for dead-freight and demurrage (including damages for detention)，incurred at port of loading．Charterers shall also remain responsible for freight and demurrage (including damages for detention ) incurred at port of discharge，but only to such extent as the Owners have been unable to obtain payment thereof by exercising the lien on the cargo．

9．Bills of Lading

The Captain to sign Bills of Lading at such rate of freight as presented without prejudice to this Charter party，but should the freight by Bills of Lading amount to less than the total chartered freight the difference to be paid to the Captain in cash on signing Bills of Lading．

10．Cancelling Clause

Should the vessel not be ready to load (whether in berth or not) on or before the date indicated in Box 19．Charterers have the option of cancelling this contract，such option to be declared，if demanded，at least 48 hours before vessel’s expected arrival at port of loading．Should the vessel be delayed on accout of average or otherwise，Charterers to be informed as soon as possible，and if the vessel is delayed for more than 10 days after the day she is stated to be expected ready to load，Charterers have the option of cancelling this contract，unless a cancelling date has been agreed upon．

ll．Generl Average

General average to be settled according to York-Antwerp Rules，1974．Proprietors of cargo to pay the cargo’s share in the general expenses even if same have been necessitated through neglect or default of the Owners’servants (see clause 2)．

12．Indemnity

Indemnity for non-performance of this Charterparty，proved damages，not exceeding estimated amount of freight．

13．Agency

In every case the Owners shall appoint his own Broker or Agent both at the port of loading and the port of discharge．

14．Brokerage

A brokerage commission at the rate stated in Box 20 on the freight earned is due to the party mentioned in Box 20．In case of non-execution at least 1/2 of the brokerage on the estimated amount of freight and dead-freight to be paid by the Owners to the Brokers as indemnity for the latter’s expenses and work，in case of more voyages the amount of indemnity to be mutually agreed．

15．General Strike Clause

Neither Charterers nor Owners shall be responsible for the consequences of any strikes or lock-outs preventing or delaying the fulfilment of any obligations under this contract．If there is a strike or lock-out affecting the loading of the cargo，or any part of it，when vessel is ready to proceed from her last port or at any time during the voyage to the port or ports of loading on or after her arrival there．Captain or Owners may ask Charterers to declare，that they agree to reckon the laydays as if there were no strike or lock-out．Unless Charterers have given such declaration in writing (by telegram，if necessary) within 24 hours．Owners shall have the option of cancelling this contract．If part cargo has already been loaded，Owners must proceed with same，(freight payable on loaded quantity only) having liberty to complete with other cargo on the way for their own account．If there is a strike or lock-out affecting the discharge of the cargo on or after vessel’s arrival at or off port of discharge and same has not been settled within 48 hours，Receivers shall have the option of keeping vessel waiting until such strike or lock-out is at an end against paying half demurrage after expiration of the time provided for discharging，or of ordering the vessel to a safe port where she can safely discharge without risk of being detained by strike or lock-out．Such orders to be given within 48 hours after Captain or Owners have given notice to Charterers of the strike or lock-out affecting the discharge．On delivery of the cargo at such port．all conditions of this Charterparty and of the Bill of Lading shall apply and vessel shall receive the same freight as if she had discharged at the original port of destination，except that if the distance of the substituted port exceeds 100 nautical miles，the freight on the cargo delivered at the substituted port to be increased in proportion．

16．War Risks (“Voyway 1950”)

(1) In these clauses“War Rises”shall include any blockade or any action which is announced as a blockade by any Government or by any belligerent or by any organized body，sabotage．piracy，and any actual or threatened war，hostilities，warlike operations，civil war，civil commotion，or revolution．

(2) If at any time before the Vessel commences loading，it appears that performance of the contract will subject the Vessel or her Master and crew or her cargo to war risks at any stage of the adventure，the Owners shall be entitled by letter or telegram despatched to the Charterers，to cancel this Charter，

(3) The Master shall not be required to load cargo or to continue loading or to proceed on or to sign Bill (s) of Lading for any adventure on which or any port at which it appears that the Vessel，her Master and crew or her cargo will be subjected to war risks．In the event of the exercise by the Master of his right under this Clause after part or full cargo has been loaded，the Master shall be at liberty either to discharge such cargo at the loading port or to proceed therewith．In the latter case the Vessel shall have liberty to carry other cargo for Owners’benefit and accordingly to proceed to and load or discharge such other cargo at any other port or ports whatsoever，backwards or forwards，although in a contrary direction to or out of or beyond the ordinary route．In the event of the Master electing to proceed with part cargo under this Clause freight shall in any case be payable on the quantity delivered．

(4) If at the time the Master elects to proceed with part or full cargo under Clause 3．or after the vessel has left the loading port，or the PART Ⅱ“Gencon”Charter (As Revised 1922 and 1976) Including“F．I．O．”Alternative，etc．last of the loading ports，if more than one，it appears that further performance of the contract will subject the Vessel，her Master and crew or her cargo，to war risks，the cargo shall be discharged，or if the discharge has been commenced shall be completed，at any safe port in vicinity of the port of discharge as may be ordered by the Charterers．If no such orders shall be received from the Charterers within 48 hours after the Owners have despatched a request by telegram to the Charterers for the nomination of a substitute discharging port，the Owners shall be at liberty to discharge the cargo at any safe port which they may，in their discretion，decide on and such discharge shall be deemed to be due fulfilment of the contract of affreightment．In the event of cargo being discharged at any such other port，the Owers shall be entitled to freight as if the discharge had been effected at the port or ports named in the Bill(s)of Lading or to which the Vessel may have been ordered pursuant thereto．

(5) (a) The Vessel shall have liberty to comply with any directions or recommendations as to loading，departure，arrival，routes，ports of call，stoppages，destination，zones，waters，discharge，delivery，or in any other wise whatsoever (including any direction or recommendation not to go to the port of destination or to delay proceeding thereto or to proceed to some other port)given by any Government or by any belligerent or by any organized body engaged in civil war，hostilities or warlike operations or by any person or body acting or purporting to act as or with the authority of any Government or belligerent or of any such organized body or by any committee or person having under the terms of the war risks insurance on the Vessel，the right to give any such directions or recommendations．If by reason of or in compliance with any such direction or recommendation，anything is done or is not done，such shall not be deemed a deviation．

(b)If，by reason of or in compliance with any such directions or recommendations，the Vessel does not proceed to the port or ports named in the Bill (s) of Lading or to which she may have been ordered pursuant thereto the Vessel may proceed to any port as directed or recommended or to any safe port which the Owners in their discretion may decide on and there discharge the cargo．Such discharge shall be deemed to be due fulfilment of the contract of affreightment and the Owners shall be entitled to freight as if discharge had been effected at the port or ports named in the Bill(s)of Lading or to which the Vessel may have been ordered pursuant thereto．

(6) All extra expenses (including insurance costs) involved in discharging cargo at the loading port or in reaching or discharging the cargo at any port as provided in Clauses 4 and 5(b) hereto shall be paid by the Charterers and/or cargo owners，and the Owners shall have a lien on the cargo for all moneys due under these Clauses．

17．GENERAL ICE CLAUSE

port of loading

(a)In the event of the loading port being inaccessible by reason of ice when vessel is ready to proceed from her last port or at any time during the voyage or on vessel’s arrival or in case frost sets in after vessel’s arrival，the Captain for fear of being frozen in is at liberty to leave without cargo，and this Charter shall be null and void．

(b)If during loading the Captain，for fear of vessel being frozen in，deems it advisable to leave，he has liberty to do so with what cargo he has on board and to proceed to any other port or ports with option of completing cargo for Owner’s benefit for any port or ports including port of discharge．Any part cargo thus loaded under this Charter to be forwarded to destination at vessel’s expense but against payment of freight，provided that no extra expenses be thereby caused to，the Receivers，freight being paid on quantity delivered (in proportion if lumpsum)，all other conditions as per Charter．

(c)In case of more than one loading port，and if one or more of the ports are closed by ice，the Captain or Owners to be at liberty either to load the part cargo at the open port and fill up elsewhere for their own account as under section

(b) or to declare the Charter null and void unless Charterers agree to load full cargo at the open port．

(d)This ice Clause not to apply in the Spring．

port of discharge

(a)Should ice (except in the Spring) prevent vessel from reaching port of discharge Receivers shall have the

option of keeping vessel waiting until the re-opening of navigation and paying demurrage，or of ordering the vessel

to a safe and immediately accessible port where she can safely discharge without risk of detention by ice．Such

orders to be given within 48 hours after Captain or Owners have given notice to Charterers of the impossibility of

reaching port of destination．

(b)If during discharging the Captain for fear of vessel being frozen in deems it advisable to leave，he has

liberty to do so with what cargo he has on board and to proceed to the nearest accessible port where he can safely

discharge．

(c)On delivery of the cargo at such port，all conditions of the Bill of Lading shall apply and vessel shall receive the same freight as if she had discharged at the original port of destination，except that if the distance of the substituted port exceeds 100 nautical miles，the freight on the cargo delivered at the substituted port to be increased in proportion．

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