Catholic Relief Services (CRS)
Samaritan’s Purse (SP)
Proforma Charter Party
April 2005
(Vessel Load / Berth Terms Discharge)
Approved Baltimore Berth Grain Charter Party
As Adapted by Samaritan’s Purse for agricultural
commodities under PL-480 Title II Program
Washington, D.C. ______
IT IS THIS DAY MUTUALLY AGREED between ______
hereinafter referred to as Owners of the ______built ____
at ______of ______net tons register or thereabouts,
classed ______in ___, now trading, and Samaritan’s Purse, Boone, North
Carolina, Charterers.
That the said vessel being tight, staunch, strong and in every way
fitted for the voyage shall with all convenient speed sail and
proceed to:
______
______
and there load, always afloat, from said Charterers, or their
Agents, a full or part cargo of ______
in bulk ______
______.
Vessel to load under berth terms and under inspection of National
Cargo Bureau surveyor and U.S. Department of Agriculture licensed
inspector at her expense and to comply with their rules, not
exceeding what she can reasonably stow and carry over and above her
Cabin, Tackle, Apparel, Provisions, Fuel, and Furniture, and being
so loaded shall therewith proceed to:
______
and deliver the same, always afloat, agreeable to Bills of Lading,
on being paid freight as follows:
______
U.S. Currency, per ton of 2,204.6 pounds on Bill of Lading quantity
basis one loading port/one discharging port; plus ______
______, U.S. currency, extra per ton of 2,204.6 pounds
on entire cargo for each additional loading port if used; plus
______, U.S. currency, extra per ton of
2,204.6 pounds on entire cargo for each additional discharging port,
if used .
Freight payable:
Cost of Lightening (if applicable):
If vessel was contracted basis full or partial lightening, and if
lightening is not performed at the discharge port and vessel
directly discharges at berth, the lightening cost will be deducted
from the ocean freight.
One Way Rate (if applicable):
1. Captain or Owners Agents to call at Charterers' or their Agents'
office, as requested, and sign Bills of Lading as presented without
prejudice to this Charter Party.
2. Cargo to be loaded according to berth terms with customary despatch
at the average rate of ______tons of 2,204.6 pounds per weather
working day of 24 consecutive hours, Sundays and holidays excepted,
even if used. Owners to appoint and pay stevedores at load port(s).
Notwithstanding any custom of the port to the contrary, Saturdays
shall not count as laytime at the loading port or ports where
stevedoring labor and/or grain handling facilities are unavailable
on Saturdays or available only at overtime and/or premium rates. In
ports where only part of Saturday is affected by such conditions, as
described above, laytime shall count until the expiration of the
last straight time period. Where six (6) or more hours of work are
performed at normal rates, Saturday shall count as a full layday.
If trimming of Vessel is required by the National Cargo Bureau,
any and all trimming expenses, including but not limited to
trimming machine hire and elevator overtime, are for Owners'
account. Any securing (bagging or strapping, etc.) required by
Master, National Cargo Bureau or Port Warden for safe trim /
stowage to be supplied by and paid for by Owners and time so
used not to count as laytime or time on demurrage. All necessary
mats, vents and dunnage to be supplied by and paid for by Owners.
3. Notice of Vessel's readiness to load must be tendered and accepted
at the office of Commodity Suppliers (loading facility's office) or
their agents and at the office of the Charterers or their agents
during regular business hours at or before 4 P.M. on weekdays,
Monday through Friday, or at or before 12 noon if on Saturday,
Vessel having been entered at the custom house, accompanied by pass
of the National Cargo Bureau and Grain Inspector's Certificate of
Vessel's readiness in all compartments. Laytime will then commence
at 8:00 A.M. on the next business day, whether in berth or not.
Advice that such notice has been tendered is to be faxed, or emailed
by Owner or Owner's Agents to International Services Corp., 1629 K
Street, N.W., Suite 700, Washington, D.C. 20006, fax (202) 296-1160,
email: .
4. Loading, if required by Charterers, not to commence before the
______day of ______, 20__. Should the vessel not be
passed by the National Cargo Bureau Surveyor and USDA licensed grain
inspector as ready for cargo at her loading port before 12 Noon on
the ______day of ______, 20__ followed by the presentation of
said passes to the Charterers or their Agents at their office
Charterers or their agents shall at said hour, and at any time
thereafter, but not later than the presentation of these passes at
said office, have the option of canceling this Charter Party.
If Owners fail to tender vessel, or substitute approved by
Charterers, and same is not accepted within the laydays, whether
or not the option to cancel the charter party is exercised, the
Owners are to be fully responsible for all charges attributable
to the failure to tender and be accepted before the canceling
date of the charter, whether accruing to Charterer or to the United
States Government as donor, including but not limited to the grain
carrying charges covering interest, storage, insurance and
fumigation, and excess freight or reprocurement costs. In which
case it will be a condition of payment of freight that Owners submit
as part of their documentation "PAID" invoices from the suppliers
for carrying charges or a certification from such suppliers that
carrying charges did not accrue. Ultimately, the Charterers / USDA
have the authority to deduct any carrying charges due from the
payment of ocean freight.
5. Laytime accounts at load port(s) are to be settled directly between
Owners and Commodity Supplier(s). Laytime calculation, overtime,
and trimming are to be in accordance to Addendum No. 1 of the North
American Export Grain Association, Inc. F.O.B. Contract No. 2
(revised as of August 1, 1988) Clauses Nos. 1-10 inclusive,
(hereinafter "N.A.E.G.A.") regardless of type of Vessel. Further,
the following modifications to N.A.E.G.A. will apply: anywhere the
word "Buyer" appears, the words "Vessel Owner" should be substituted
in its place.
Under no circumstances shall Charterers, CCC or AID be responsible
for resolving disputes involving the calculation of laytime or the
payment of demurrage or despatch between the Vessel Owners and the
Commodity Supplier(s).
Any/all disputes between the Vessel Owner and the Commodity
Supplier(s), arising out of this contract relating to the settlement
of laytime issues shall be arbitrated in New York subject to the
rules of the Society of Maritime Arbitrators, Inc.
6. (a) Demurrage (subject to clause 5 above):
Commodity Supplier(s) at each load port to pay demurrage separately
to Owners, if incurred, at the rate of ______
______U.S. currency, per day or pro-rata
for part of a day for all laytime lost in loading.
(b) Despatch (subject to clause 5 above):
Owners to pay despatch separately to Commodity Supplier(s) at each
load port, if earned at such port(s), at the rate of ____
______U.S. currency, per day or
pro-rata for part of a day for all laytime saved in loading.
7. It is also mutually agreed that the Carrier shall not be liable for
loss or damage occasioned by causes beyond his control, by perils of
the seas or other waters, by fire from any cause or wheresoever
occurring, by barratry of the Master or crew, by enemies, pirates or
robbers, by arrest and restraint of Princes, rulers or people, by
explosion, bursting of boilers, breakage of shafts or any latent
defect in hull, machinery or appurtenances, by collision, stranding
or other accidents of navigation of whatsoever kind (even when
occasioned by the negligence, default or error in judgment of the
pilot, Master, mariners or other servants of the shipowner, 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).
8. Should General Average conditions arise, Charterers (SP) shall
assign its rights to the USDA/Contract Reconciliation Division, who
in turn shall contribute with the Owner in general average to the
payment of any sacrifices, losses or expenses of a general average
nature that may be incurred including salvage and special charges
incurred in respect to the goods. If a salving ship is owned or
operated by the Owner, salvage shall be paid for as fully as if the
said salving ship or ships belonged to strangers. General Average
shall be payable according to York/Antwerp Rules, 1994. Cargo to be
released without general average security.
9. Vessel to have the privilege of fueling en route.
10. Vessel to have a lien on the cargo for all freight, dead freight, or
average. Charterers' liability under this Charter to cease on cargo
being shipped, except for payment of freight and/or dead freight.
The said Charterers, or their Agents, are to have the privilege of
transferring this Charter to others guaranteeing to the shipowner
the due fulfillment of this Charter.
11. Penalty for non performance of this agreement is limited to proved
damages not exceeding the estimated amount of freight.
12. Owners to give Charterers or their Agents, in writing, fourteen (14)
days' notice of vessel's expected readiness to load and quantity of
cargo required. Preadvice notice must be received at the office of
International Services Corp., Wash., D.C. prior to 11:00 a.m.
Wash., D.C. time on regular business day to be considered received
on that day. If preadvice is received later than 11:00 a.m.
Wash., D.C. time on regular business day or on weekends/holidays,
preadvice notice will be considered received only on next business
day. In addition to sending preadvice notice to Charterer's agent
as above, Owner must provide at the same time a copy of their
preadvice notice to USDA KC, CFSA, Export Operations Division, Fax
No. (816) 823-2586.
In order to provide timely status reports to Receiver, Charterer
requires that Owner provide accurate daily vessel position / status
reports with vessel's position / activity / relevant ETAs at load
and discharge port(s) commencing when vessel provides its preadvice
notice of vessel's ETA at load port and continuing through
completion of discharge. These daily notices are to be provided to
International Services Corp. by fax (202) 296-1160 or email:
.
13. Owners to appoint and pay their Agents and stevedores at loading
port.
14. At loading, vessel's cargo gear and all other equipment shall
comply with regulations established by U.S. Public Law 85-742,
Part 9, (Safety and Health Regulations for Longshoring). If
longshoremen are not permitted to work due to failure of the
Master and/or Owners and/or Owners' Agents to comply with the
aforementioned regulations, any delay resulting therefrom shall
be for Owners' account.
15. SAILING NOTICE AND ESTIMATED TIME OF ARRIVAL
A. Sailing notice indicating vessel's name, port of loading,
commodity and quantity loaded, time of sailing and estimated
time of arrival at discharging port should be faxed or emailed
by Owners or Owners' Agents to:
(1) International Services Corp.
1629 K Street, N.W., Suite 700
Washington, D.C. 20006
Fax: (202) 296-1160
Email:
B. The Owners to instruct Master to radio to vessel's agents the
estimated time of arrival, vessel's draft and length overall
forty-eight (48) hours prior to vessel's estimated arrival.
16. The cargo is to be discharged at vessel's time, risk and expense,
with no demurrage / no despatch / no detention. Bleeding of bags,
if any, at discharge port(s) to be at Owners' expense.
Cargoes are to be bagged and loaded / stacked onto Receivers’
conveyances at discharge port at Owner’s time, risk And expense.
Hand bagging is not permitted. However, if hand bagging is
performed in breach of contract, the bagging rate is to be reduced
to USD 1.00 per metric ton. Bagging contractor is subject to
Charterer’s approval. Bagging is subject to USAID’s Bagging
Specifications dated July 1989, copies of which are available at
International Services Corp. In accordance with USAID’s bagging
specifications, the vessel owner is responsible for providing the
needles and twine necessary for the cargo bagging operation at
discharge port.
Method of Bagging:
Bagging Contractor:
Bagging Rate:
17. Notification of vessel's readiness to discharge must be delivered in
writing at the office of the Receivers in office hours.
18. Owners to appoint and pay vessel's agents and stevedores at
discharge ports.
19. Lighterage and/or lightening, if any, necessary for vessel to
reach safe draft at discharging port, is for account of Owners.
20. Rotation of loading ports is to be in Charterers' option.
21. Overtime at load port(s), other than crew costs, is for the
account of party ordering same. Overtime at discharge port(s)
is for account of Owners. Cost of overtime for crew to be for
Owners' or Operators' account.
22. Any dues and/or taxes on cargo and/or freight to be for Charterers'
account, and any dues and/or taxes on vessel (including normal port
dues and services and facilities charges) to be for Owners' account.
23. Charterers' option of ___ safe berth(s) each port in loading and
two safe berth(s) in discharging. Shifting expenses and all
other expenses to be for Owners' account. Vessel to be left in
seaworthy trim for shifting between loading and discharging
berths.
24. Vessel Gear Requirements: Vessels must be capable of self-discharge
with vessel's or Owner supplied shoreside gear (cranes and/or
swinging derricks with minimum 8 mt S.W.L. capacity suitable for
clamshell discharge), and/or with marine legs including all
necessary support equipment. All discharge gear and equipment is to
be supplied by Owner at Owner's expense and to be in good working
order. Owners to provide at their expense all necessary motive
power/fuel to operate all discharge gear twenty-four hours a
day, if required. Owner to provide at their expense technicians in
the case of marine legs to oversee their operation. Opening and
closing of hatches to be carried out by vessel's crew free of charge
to Charterers. Mechanical or hydraulic hatch covers for vessels or
rain tents for all hatches are required.
25. Vessel to supply sufficient lights during loading and discharging at
day and night free of expense to the Charterers.
26. Cost of separations, if required, other than by vessel's natural
compartmentation for Owners' account.
27. Charterers and/or their Agents have the right to be on board the
vessel while loading or discharging for the purpose of supervising
their interests.
28. Any additional completion cargo(es) must be duly separated, must
be compatible and non-injurious to SP cargo(es), and must be
approved by Charterer. Vessel's itinerary and geographic proximity
of completion cargo(es) will be taken into consideration by
Charterer in approval of such part cargo(es) in order not to unduly
impede delivery of SP cargo(es) to discharge port. Any additional
part cargoes proposed for approval after the freight fixture covered
by this charter party has been confirmed may be subject to a freight
rate reduction by Charterer/USAID.
29. Transshipment is prohibited.
30. The ocean carrier shall release clean original ocean Bills of Lading
to Shipper (SP) c/o their agent, International Services Corp.,
promptly upon completion of loading of each commodity supplier's
cargo.
Charterers require issuance of Bills of Lading to their protective
Agent at load port within 48 hours of receipt of Master Bill of
Lading from said agent.
31. The Mississippi River District including, but not north of, Port
Allen is to be considered as one port. The Columbia River District
including Portland is to be considered as one port. The San
Francisco Bay Area including Sacramento and Stockton is to be
considered as one port.
32. FREIGHT PAYMENT
A. If there is any failure on the part of the ocean carrier
to perform the contract after the vessel tendered at the
loading port, the Charterers or its designated agent shall
be entitled to incur all expenses which, in the judgment of
the United States Department of Agriculture/Charterers, are
required to enable the vessel to undertake and carry out her
obligations under the Charter Party, including the expenses
for lifting any liens asserted against the vessel. Such
expenses may be deducted from the freight earned under the
Charter Party notwithstanding any prior assignments of
freight made by the Owners or operators.
B. Notice of Arrival Required
(1) Payment of ninety percent (90%) of freight will
be made in accordance with terms of the Charter Party
as promptly as is administratively feasible after receipt
by Samaritan’s Purse, or its agent, International Services
Corp., of freight payment from USAID and after
satisfactory notice from Samaritan’s Purse, or its agent,
International Services Corp., of the vessel's arrival at
first port of discharge. This notice will be a part of
documentation required to be presented by the carrier as a
condition to payment.
(2) A notice of arrival will not be required in the event
the vessel is lost or unable to proceed to destination
after completion of loading because of damage caused
by the perils of the sea or other waters, collision,
stranding, jettison, wreck, fire from any cause, Act
of God, public enemies or pirates, or by arrest or
restraint of Princes, rulers or peoples without the
fault of the suppliers of the ocean transportation,
wars, public disorders, captures or detentions by
public authorities in the interest of public safety,
provided the vessel Owners or Operators supply
evidence satisfactory to the Charterers of such
disability.
(3) The notice of arrival must be furnished promptly by
the Cooperating Sponsor or its designated agent and must
include name of vessel, name of first port of discharge
and date of arrival.
(4) Ten Percent (10%) balance of freight will be made
following confirmation from Samaritan’s Purse or
its agent, International Services Corp., that Owners
have completed bagging of the cargo at discharge port
and have fulfilled their responsibilities under the
charter party.
C. Freight Payment Documentation Requirements
For payment of ninety percent (90%) of freight:
Voucher for payment of freight is to be submitted on a 1034
Voucher Form. (Each voucher form must include three (3) 1034
forms and one (1) 1034A Memorandum form). Fully completed
voucher is to be forwarded to International Services Corp.,
1629 K Street, N.W., Suite 700, Washington, D.C. 20006 and must
be supported by the following documents:
(a) Certified On-Board rated B/L with the following
certification:
"I CERTIFY THAT THIS DOCUMENT IS A TRUE AND CORRECT
COPY OF THE ORIGINAL ON-BOARD BILL OF LADING UNDER
WHICH THE GOODS HEREIN DESCRIBED WERE LOADED ON THE