Bulk Shipping Quality Clause for Voyage Charter Parties 2000
Overview
In November 1998, BIMCO was approached by the European Community Shipowners’ Association (ECSA) to discuss the possibility of developing a Recommended Quality Clause that would encourage the practical implementation of the European Shippers Council (ESC) “Voluntary Code of Best Practice”. The ESC’s Code was published as a self-regulatory measure in support of the European Community’s Quality Shipping Campaign. In recognition of BIMCO’s role as the shipping industry’s lead organisation in the development of standard clauses, ECSA and ESC felt that BIMCO was the most appropriate body to produce such a clause. As a signatory of the Maritime Industry Charter on Quality, BIMCO was keen to demonstrate its support for the initiative to promote a quality culture throughout the industry by all participants. Of paramount importance to BIMCO was to ensure that by developing a Standard Quality Clause for the industry, the risk of a proliferation of charterer-inspired quality-related clauses was kept to a minimum.
Bulk Shipping Quality Clause for Voyage Charter Parties 2000
BIMCO Bulk Shipping Quality Clause for Voyage Charter Parties 2000
The Owners and the Charterers hereby agree that they shall make safety and quality considerations an integral part of their chartering activities. In particular, the Owners shall exercise due diligence:
(a) before and at the beginning of the voyage to make the Vessel seaworthy and in every way fit for the voyage and for the trade for which she is to be employed,
(b) throughout the currency of this Charter Party to ensure that the Vessel and her Master, officers and crew comply with the safety, health and other applicable laws and regulations of the Vessel's flag State and of the places where she trades necessary to secure the safe and unhindered loading of the cargo, performance of the voyage and discharging of the cargo.
Furthermore, the Vessel shall be:
(c) fully insured in respect of loss of or damage to cargo by a Protection and Indemnity Club or liability underwriter and the Owners shall provide, on request, evidence of such insurance,
(d) insured for Hull and Machinery and basic War Risks purposes,
(e) classed and the Owners warrant that this class shall be maintained throughout the currency of this Charter Party.
The provisions of this Clause shall be without prejudice to the other rights, obligations and defences of the Owners under this Charter Party including, where applicable, those of the Hague or Hague-Visby Rules.
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