Voyage Charter Parties and Bills of Lading
Issues for Consideration
Written by Tim Davies, Senior Claims Manager and Nicola Cox, Head of Defence.
The two BIMCO clauses are designed for time charter parties, not for voyage charter parties.
Note, however, that if the vessel has to deviate to stem compliant fuel when she has cargo on board, the vessel may be held to be unseaworthy under the terms of the contract of carriage if owners have not made appropriate provision for the supply of compliant bunkers before the commencement of the voyage and a suitable “liberty” provision has not been included in the contract of carriage.
Parties may also wish to include a bunker adjustment factor to compensate for price differentials for compliant fuel.
Members are further advised that the Club has agreed fixed rates with some ot the Club’s preferred English law firms to review and amend Members’ charter party clauses so as to be “2020 ready” – please contact Nicola Cox.
*In this article, bunkers that comply with MARPOL Annex VI, as amended from time to time, and/or by any other applicable lawful authority are described as “compliant bunkers".
Off-hire in a nutshell PDF (241.3 KB)
IMO's Low Sulphur Fuel Limit - 1st January 2020 PDF (177.2 KB)
HFW's 2020 Sulphur Cap Presentation PDF (2.4 MB)