It is this day mutually agreed between ship called the
tons net register, tons dead weight, and provided with steam winches and Board of Trade certificates for hull and machinery, classed tons of coals of tons cubic capacity or thereabouts, exclusive of bunkers, which contain merchants and charterers, as follows, viz :— agree to let, and the said calender months, commencing
agree to hire the said steam-ship for the she then being placed at the disposal of the in such dock, or at such wharf or place (where she may always safely lie afloat) as the charterers may direct, she being then tight, staunch, strong, and every way fitted for the service (and with full trades, between complement of officers, seamen, engineers and firemen for a vessel of her tonnage;) to be employed in any lawful as the charterers, or their agents shall direct :-
The owners shall provide and pay for all oils, paints, and stores for the vessel, and for all the provisions and wages of the captain, officers, engineers, firemen, and crew; shall pay for the insurance on the vessel, also for all engine-room stores, and maintain her in a thoroughly efficient state in hull and machinery for the service.
The charterers shall provide and pay for all the coals and fuel, port charges, pilotages, agencies, commissions, and all other charges whatsoever not appertaining to the working or efficiency of the steamer. The charterers shall pay for the use and hire of the said vessel at the rate of per calendar month, and at and after the same rate for any part of a month: the hire to continue from the time specified for terminating the charter until her delivery to the owners (unless lost) at payment whereof shall be made in cash. And in default of such payment or payments as herein specified, the owners shall have the right of withdrawing the said steamer from the service of the charterers, without prejudice to any claim the owners may otherwise have on the charterers in pursuance of this charter.
may direct, where the vessel can always safely lie afloat. The cargo or cargoes shall be loaded and/or discharged in any dock or at any wharf or place that the charterers
The whole reach, burthen, and passenger accommodation of the ship (not being more than she can reasonably stow and carry) shall be at the charterer's disposal, reserving only proper and sufficient space for ship's officers, risk, so far as the same do not endanger the safety of the vessel. crew, tackle, apparel, furniture, provisions and stores. Cargo and/or coals may be taken on deck at the charterer's
The expense of loading and discharging shall be borne by the charterers, but the stowage shall be under the control of the master, and the owners shall be responsible for same. Ballast and dunnage, as required, shall be found by the charterers.
The charterers shall have the right of keeping a supercargo on board during the continuance of this charter, the owners finding him with provisions and accommodation on the same scale as the ship's officers, free of expense to the charterers.
The charterers shall have liberty to send passengers by the vessel upon any voyage made under this charter, the owners finding provisions and all requisites, except liquors, the charterers paying at the rate of per diem for each first class passenger, and at the rate of during the time such passengers are on board the steamer.
per diem for each second-class passenger,
ship's crew and boats. The master shall prosecute his voyage with the utmost despatch, and shall render all customary assistance with
The master (although appointed by the owners) shall be under the orders and direction of the charterers as regards employment, agency, or other arrangements; and the charterers hereby agree to indemnify the owners from all consequences or liabilities that may arise from the master signing bills of lading by their orders or those of their agents, providing the master does not sign usual steam bill of lading or in otherwise complying with the same. The act of God, the Queen's enemies, pirates, robbers, risk of lighterage to and from the vessel or craft or hulk, or transhipment, explosion, heat, fire, at any time and place whatever, boilers, steam or machinery, and the consequence of any damage to or defect in boilers or machinery, collision, stranding, steaming, jettison, or any other peril of the sea, rivers, navigation, or of land transit of whatsoever nature or kind, and whether any of the perils, causes, or things abovementioned, or the loss or injury arising therefrom be occasioned by the wrongful act, default, negligence, or error in judgment of the owners, pilot, master, officers, crew, stevedores, or other persons whomsoever in the service of the ship, or for whose acts the shipowner would otherwise be liable, or by unseaworthiness of the ship at the commencement of the voyage (provided all reasonable means have been taken to provide against such unsea- worthiness) or otherwise howsoever excepted.
If the charterers shall have reason to be dissatisfied with the conduct of the master, officers or engineers, the owners shall, on receiving particulars of the complaint, investigate the same and, if necessary, make a change in the appointments.
The master shall be furnished from time to time with all requisite instructions and sailing directions, and shal keep a full and correct log of the voyage or voyages, which are to be open to the charterers or their agents. The master shall take every advantage of the wind by using the sails, with a view to economising the expenditure of fuel. The charterers shall have the option of continuing the charter for a further period of notice thereof to the owners
before the first named term shall expire.
on giving In the event of loss of time from the deficiency of men or stores, collision, want of repairs, break down of machinery, or other causes appertaining to the duties of the owners, preventing the working of the vessel for more than twenty-four working hours, the payment of hire shall cease until she be again in an efficient state to resume her service; and if in consequence of such deficiency, collision, want of repairs, break down or other causes, the vessel puts into any port or ports other than those to which she is bound, port charges, pilotages, and other expenses at those ports shall be borne by the owners. But should the vessel be driven into port or to anchorage by stress of weather, such detention or loss of time shall fall on the charterers, providing the time is reasonable and other vessels of same size, power and class put in from same cause. Should it be found that the vessel has put in from any other cause, all payment to be stopped, and any loss to charterers from this unreasonable delay, to be made good by the owners.
Should the vessel be lost, any freight paid in advance and not earned (reckoning from the date of loss) shall be returned to the charterers. Should any dispute arise between the owners and the charterers, the matters in dispute shall be referred to three persons at one to be appointed by each of the parties hereto, and the third by the two so chosen, whose decision, or that of any two of them, shall be final: and for the purpose of enforcing any award this agreement may be made a rule of Court.
The owners shall have a lien upon all cargoes, and all sub-freights, for freight or charter-money due under this charter; and the charterers shall have a lien on the ship for all moneys paid in advance and not earned. All salvage and derelicts shall be for the joint and equal benefit of the owners and the charterers. The charterers shall have the option of sub-letting the steamer, on obtaining owners consent in writing. Five per cent. commission on the estimated amount of freight is due from the owners on the execution of this charter-party to
Owners of the good British Steam Ship or Vessel called the
guaranteed to be classed 100 A 1, through- Tons net Register, and guaranteed to carry Tons bunker coal, at the draft allowed by Lloyd's Rules, now Charterers.
Tons weight of and Messrs.
out the Voyage, of the measurement of Cargo, exclusive of
all possible despatch, receive on board, in the Ports of That the said Ship being now warranted tight, staunch, and strong, and every way fitted for the service, shall, with and and/or
a full and complete cargo of LAWFUL MERCHANDISE, which charterers bind themselves to provide of such a nature as will enable vessel to carry her guaranteed deadweight, not exceeding what she can reasonably stow and carry over and above her outfit and stores, and being so loaded, shall forthwith proceed, via Suez Canal, to
manner, agreeably to Bills of Lading. or so near thereunto as she may safely get, always lying afloat, and deliver the same in the usual and customary
The Act of God, the Queen's enemies, pirates, robbers by land or sea; restraint of princes, rulers, or people, heat or fire on board, in hulk or craft, or on shore; jettison, barratry, collisions, stranding, explosion, bursting of boilers, or machinery, breakage of shafts, or any latent defect in the machinery, boilers, or hull, whether such defect existed before the commencement, or arose or developed during the currency of the voyage, and even when occasioned by the negligence, default, or error in judgment of the pilots, master, mariners, or other servants of the owners of this (or in case of collision of such colliding) vessel, provided all reasonable means have been taken by the owners to make the vessel seaworthy, and all and every the dangers, accidents, and perils of the seas, rivers, and canals, and of navigation, of whatever nature or kind always excepted.
Should Government Stores be shipped, the vessel to be made eligible in every way and pass survey if required, and Owners hereby bind themselves to fulfil. the Charterers being authorised to sign the usual Bills of Lading for the same, all the conditions of which the Master
Charterers to have the option of shipping required the same to be provided by the Charterers. rate of In consideration whereof the Freight to be paid
tons dynamite. If a magazine is Acids, if any, to be carried on deck at Shipper's risk. for the hire of the said Vessel is hereby agreed to be at the
per ton of 20 cwt. on the quantity carried in full of all Port Charges and Pilotages, River, Harbour, and Dock dues on the Ship, payment whereof to become due and be made as follows:
The whole at Charterers option, but not less than Two-thirds, in Cash 14 days after sailing from last loading port, less 3 per cent. for Interest and Insurance, and the remainder secured by Bills of Lading at Port of Discharge on unloading and right delivery of the cargo, at the current exchange for short sight Bank Bills on London.
The Charterers have liberty to remove and replace any movable ladders or stanchions, if required for stowage purposes, and are to have the use of all steam winches, derricks, and side ports, if any, and the full reach of the Vessel's Hold, and 'Tween Decks, from Stem to Stern, except the necessary space for bunker coal, which is not to exceed
The Vessel to load in such dock as Charterers may appoint, and to be ready to receive Cargo in her loading before when lay-days are not to count, and if not then in every respect ready to load, berth by the the Charterers to have the option of cancelling this Charter.
running days (Sundays and holidays excepted) are to be allowed the said Charterers for sending, the cargo alongside the said Vessel at the respective loading ports, the said days to be computed from 7 o'clock a.m. of the day following that on which the Charterers or their Agents receive written notice from the Master of the arrival of the Vessel at the respective loading berths, with Holds completely clear and clean, and steam winches derricks, and loading gear in good working order, and in every respect ready to load. Time occupied after the cargo not to be counted in the lay-days. is delivered alongside at and in shifting to
Should the Vessel be detained beyond the aforesaid time by the Charterers, unless such detention be caused by strikes, breakdown of machinery, ice, fog, or other causes beyond their control, Demurrage to be paid by them at per ton on the gross register tonnage for each working day or pro rata for any part of a day. the rate of "form) as presented at any rate of Freight without prejudice to The Master to sign Bills of Lading (“
this Charter, any difference being settled at time of payment of advance freight.
Charterers or their Agents to appoint the Stevedores at ports of loading and discharge at Owners' expense, at the rates usually paid by them, but the extra cost of putting in and taking out any piece or package over five tons weight in excess of the rate for ordinary cargo to be paid by Charterers. The said Stevedores shall respectively put in and discharge the cargo under the control and direction of the Master, who shall be held reponsible for improper stowage.
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