(D.) THE 1890 BLACK SEA CHARTER-PARTY IT is this day mutually agreed between (x) Steamer called the ment Flag (y), and classed (z) Owner of the good of the measure gTORS Register Tons, or thereabouts (a), whereof Master, now (b) net is 1. That the said steamer, being tight, staunch, and strong, and every way fitted for the voyage, (c) having leave to take a cargo for owner's benefit, from any ports in the United Kingdom, or Continent, or Mediterranean direct, and (or) to any ports in the Mediterranean, Adriatic, Black or Azoff Seas, and (or) any ports on the way (d), shall with all convenient speed, sail and proceed to (e) and as there ordered by within six running hours of arrival, or lay days-Sundays only excepted-to count, to (e) or so near thereunto as she may safely get (f), and there load, always afloat (g), from the factors of the said freighters, a full and complete cargo (h) (but not exceeding tons, English weight) of wheat and (or) seed and (or) grain at the option of the freighters (if a mixed cargo, notice of the descriptions and quantities to be given before loading commences, and the heaviest goods to be supplied first) which said freighters bind themselves to ship, not exceeding what she can reasonably stow and carry over and above her tackle, apparel, provisions, and furniture; and being so loaded shall therewith proceed to a safe port (i) in the United Kingdom, or a safe (i) port on the Continent, between Havre and Hamburg (both inclusive) or to a safe (i) port in the Adriatic or Mediterranean Seas (Spain excluded). 2. Orders for the United Kingdom, Continent, or other stipulated port, unless given on signing Bills of Lading, are to be given at Gibraltar within twelve running hours of arrival, or lay days-Sundays only excepted-to count. 3. The Charterer has the right to order the steamer from Gibraltar to Queenstown, Falmouth or Plymouth (at Master's option) for final orders to be given within twelve running hours (twenty-four at Queenstown) of arrival, or lay days-Sundays only excepted-to count, for the United Kingdom, Continent, or for other stipulated Continental port not west of Havre, paying 1s. per unit extra freight over and above the rates hereinafter stated. 4. Should the Charter contain an Adriatic or Mediterranean option, unless notice is given to captain on signing Bills of Lading to proceed to Gibraltar direct, in which case the Adriatic and Mediterranean options become null and void, orders for an Adriatic or Mediterranean port, east of Malta, are to be given on signing Bills of Lading, or at Constantinople in passing, and unless so ordered the steamer shall proceed to Malta for orders to be given within twelve hours or lay days-Sundays only excepted-to count for a Mediterranean port west of Malta, or for a United Kingdom or Continental port, or for other stipulated ports, or to United Kingdom for further orders, but having so called at Malta the right to order from Gibraltar (x) Articles 11, et seq. (a) Article 25. (b) Article 27. (c) Article 29. (d) Articles 99, 100. (e) Article 30. (f) Article 36. is thereby cancelled, and the freight to United Kingdom, Continent, or other stipulated ports shall be the same from Malta as though ordered from Gibraltar. 5. The steamer shall proceed as ordered to the port of discharge (k), or so near thereunto as she may safely get (1), always afloat (m), there delivering the cargo on being paid freight, as follows, viz: All per unit delivered as per scale in the margin, being in full of all port charges and pilotage as customary. The freighters engage to provide the necessary mats for dunnage, and separation of different kinds of cargo. The cargo to be brought and taken from alongside the steamer (n) at freighters' expense and risk, but the crew to render all customary assistance in hauling lighters alongside. In loading and lightening, the Master shall use all reasonable diligence to prevent spillage by placing tarpaulins or canvas between the steamer and the lighters. The Charterer by his Agents has the right to be on board the steamer whilst loading or discharging for the purpose of inspecting the cargo. He is also entitled to check the weight and generally supervise his interest therein. 6. The Master has leave to sail with or without pilots, to call at any ports for coal, to tow or be towed, and to render assistance to other vessels in distress (o). 7. running days (p), Sundays, Good Friday, Easter-Monday, Whit-Monday, and Christmas Day excepted, are to be allowed the said freighters (if the steamer be not sooner despatched) for loading and unloading, and ten days on demurrage (9) over and above the said lay days, at four pence per ton on the steamer's gross register tonnage per running day. Lay days at port of loading are not to count before the next (new style) unless both steamer and cargo be ready earlier. The freighters have the option of cancelling this charter (r) if the steamer does not arrive at port of loading and be ready to load, on or before midnight of next (new style), unless the steamer has been detained waiting for orders as to loading port longer than six hours, in which case the date last-mentioned shall be extended so far as to cover the time the vessel was detained for orders over and above the six hours, and if by reason of such detention the vessel is prevented reaching her loading port the charterers shall pay demurrage for each day detained over the said hours, whether the vessel is ultimately loaded or not. 8. Cash at port of loading, not exceeding £ to be advanced the Master, if required, free of interest and commission, to be deducted from the freight with cost of insurance thereon (s). 9. The freight is to be paid on unloading and delivery of the cargo (t), if in the United Kingdom, in cash, and, if elsewhere, in cash in gold, at the current exchange for bankers' sight bills on London. A. Should it be necessary to lighten the vessel to reach the open sea, the same to be at steamer's expense and merchant's risk. B. If the steamer be ordered to Nicolaieff and ice (except in the spring) prevents her entering the port, this charter shall be null and void (u). Should frost ensue (except in the spring) after the steamer has arrived at Nicolaieff, and the vessel is compelled to leave to avoid being frozen in, the Master is at liberty to leave without cargo, in which case the charter (k) Article 33. (0) Articles 99, 100. (9) Article 128. shall be null and void, or with part cargo, and to fill up for steamer's benefit at any open Black Sea, Azoff, or Mediterranean port for United Kingdom, Continent, or Mediterranean; but in case of leaving with part cargo, the steamer shall complete the voyage as if a full cargo had been loaded, or shall forward such part cargo to its destination, provided that no extra expense be thereby caused to the receivers, freight being paid on quantity delivered under this charter (x). C. In the event of any part of the cargo, which has been put into craft, to enable the steamer to pass down the river after the captain has signed Bills of Lading, being frozen in, so that steamer is unable to complete the re-loading, she is to wait not less that five days, and if the craft does not arrive she will be at liberty to proceed to complete her voyage, and shall not be held liable for non-delivery at port of discharge, but the captain is to inform the shippers and charterers by telegram from Constantinople of the quantity left behind. 10. Should the steamer be ordered to a port of discharge, inaccessible by reason of ice on the steamer's arrival, the Master shall have the option of waiting until the port is again open, or of proceeding to the nearest safe open port or roadstead (telegraphing his arrival there to freighter) where he shall receive fresh orders for an open and accessible port of discharge in the United Kingdom or Continent as above, within twenty-four hours of arrival, or lay days to count. If so ordered the steamer shall receive the same freight as if she had discharged at the port to which she was originally ordered; but if ordered to a port more than 100 nautical miles distant from such open port or roadstead, the freight shall be increased by one shilling and threepence per unit. In no case shall the steamer be ordered from a port of call in the United Kingdom to an ice-bound port. Except in the spring the steamer shall not be ordered to an ice-bound port for loading (x). 11. Except as herein provided, detention by frost, ice, or quarantine, shall not count as lay days. 12. Should the steamer be ordered to discharge at a place to which there is not sufficient water for her to get the first tide after arrival without lightening, and lie always afloat, lay days are to count from fortyeight hours after her arrival at a safe anchorage, for similar vessels bound for such place, and any lighterage incurred to enable her to reach the place of discharge, is to be at the expense and risk of the receiver of the cargo, any custom of the port or place to the contrary notwithstanding, but time occupied in proceeding from the anchorage to the port of discharge is not to count (x). 13. If the cargo cannot be discharged by reason of a strike or lock-out of any class of workmen essential to the discharge of the cargo, the days for discharging shall not count during the continuance of such strike or lock-out. A strike of the receiver's men only shall not exonerate him from any demurrage for which he may be liable under this charter, if by the use of reasonable diligence he could have obtained other suitable labour, and in case of any delay by reason of the before-mentioned causes, no claim for damages shall be made by the receivers of the cargo, the owners of the ship, or by any other party under this Charter (y). 14. The Act of God (z). Perils, Dangers, and Accidents of the Sea or other Waters of what nature and kind soever (a); Fire from any cause (x) Article 36. (*) Article 80. on Land or on Water (b), Barratry of the Master and Crew (c), Enemies (d), Pirates and Robbers (e), Arrests and Restraints of Princes, Rulers and People (f), Explosions, Bursting of Boilers, Breakage of Shafts, or any latent defect in Hull and (or) Machinery (g), Strandings, Collisions (h), and all other Accidents of Navigation, and all Losses and Damages caused thereby are excepted, even when occasioned by negligence, default, or error in judgment of the Pilot, Master, Mariners, or other Servants of the Shipowners (), but unless stranded, sunk, or burnt (k), nothing herein contained shall exempt the Shipowner from liability to pay for Damage to Cargo occasioned by bad Stowage, by improper or insufficient Dunnage, or absence of customary Ventilation, or by improper opening of Valves, Sluices, and Ports, or by causes other than those above excepted, and all the above exceptions are conditional on the Vessel being Seaworthy when she sails on the Voyage, but any Latent Defects in the Hull and (or) Machinery shall not be considered unseaworthiness, provided the same do not result from want of due diligence of the Owners, or any of them, or by the Ship's Husband or Manager (1). 15. No cargo (other than freighters') or cattle to be shipped without the written sanction of the shippers, except as herein provided. 16. The Master is to telegraph from Constantinople and (unless taking cargo to the loading port) from his last port of outward discharge to naming the date of the steamer's departure and to apply to of at for cargo, failing to telegraph as above three days are to be added to the lay days. 17. If the nation under whose flag the steamer sails shall be at war, whereby the free navigation of the steamer is endangered, or in case of blockade or prohibition of export of grain and seed from the loading port, this Charter shall be null and void at the last outward port of delivery or at any subsequent period when the difficulty may arise, previous to cargo being shipped. 18. The freighters' liability on this Charter to cease when the cargo is shipped (provided the same is worth the freight, dead freight, and demurrage, on arrival at port of discharge), the owner or his agent having an absolute lien on the cargo for freight, dead freight, demurrage, lighterage at port of discharge and average (m). 19. The Mediterranean, Black Sea, and Baltic Grain Cargo Steamer Bill of Lading, 1890, is to be used under this Charter, and its conditions are to form part thereof (n). 20. Penalty for non-performance of this Charter, proved damages not exceeding the estimated amount of freight (0). 21. The steamer to be reported at the Custom House in London, Newcastle, Cardiff, or Newport, by to whom five per cent. on the gross amount of freight and demurrage is due by the steamer on the signment of this Charter, steamer lost or not. (E.) CHAMBER OF SHIPPING-COAL CHARTER, 1892. 18. Owner of the good tons Master, now (r) It is this day mutually Agreed between (p) Screw-Steamer called the of tons net register (q) deadweight, exclusive of bunkers, or thereabouts, and Agents for the charterers, (s). 1. That the said Steamer being tight, staunch, and strong, and every way fitted for the Voyage (s), shall, with all possible dispatch, sail and proceed to (t) and there load, always afloat (u), in the customary manner (x), from the Agents of the Charterers, in such Dock as may be ordered by them on arrival at (y) a full and complete Cargo (2) of not exceeding tons, nor what she can reasonably stow and carry, over and above her Tackle, Apparel, Provisions, and Furniture; and being so loaded, shall therewith proceed, with all possible dispatch, to (t) or so near thereunto as she can safely get (a), and there deliver (b) the same alongside (c) any Vessel or Wharf, as ordered, where she can safely (d) deliver, always afloat (u), on being paid Freight at and after the rate of per ton of 20 cwts. delivered (e), or on Bill of Lading quantity, less 2 per cent., at Receivers' option, to be declared before bulk is broken. In full of all Port Charges, Pilotages, Consulages on Ship, Pierage, and (at Bristol Channel Ports) Wharfage. 2. The Act of God (ƒ), the Queen's Enemies (g), Restraints of Princes and Rulers (h), Perils of the Seas (i), Fire (k), Barratry of the Master and Crew (), Pirates (m), Collisions (n), Stranding and other Accidents of Navigation (i), Boilers and Machinery always excepted, even when occasioned by the negligence, default or error in judgment of the Pilot, Master, Mariners, or other Servants of the Shipowners, not resulting, however, in any case from want of due diligence by the Owners of the Ship or any of them, or by the Ship's Husband or Manager (0). 3. The Ship has liberty to call at any ports in any order (p), to sail without Pilots, to tow and assist vessels in distress, and to deviate for the purpose of saving life or property (p). 4. The cargo to be loaded in running hours (Sundays and holidays excepted) (q), to count from the time the Vessel is ready to receive the entire cargo (r) and written notice thereof has been given to Shippers during office hours, say from 9 a.m. to 5 p.m., and on Saturdays from 9 a.m. to 1 p.m. (s). The time from 5 p.m. on Saturdays till 7 a.m. Mondays, and on the day preceding any holiday, and on the day following any holiday, not to count. If the Steamer be longer detained, the Charterers to pay demurrage at the rate of per running hour (†). |