Stoppage of Canals and Waterways Clause 1968 (Code Name: CONWAY)
Overview
Stoppage of Canals and Waterways Clause 1968 (Code Name: CONWAY)
BIMCO Stoppage of Canals and Waterways Clause 1968 (Code Name: CONWAY)
A. If at any time before loading is completed or the vessel sails from the loading port, it appear that the vessel would be delayed for not less than ....... days by circumstances beyond the Owners' control in proceeding through any waterway, natural or artificial, including the Panama Canal and the Suez Canal, which it was intended at the time this contract was made that the vessel should transit in the course of the voyage prescribed herein, the Owners may require the Charterers to declare that the voyage shall be performed by such suitable alternative route as the Master may select and that the freight shall be increased proportionately to the consequent increase in the mileage of the voyage. If the Charterers decline or fail to declare as aforesaid within 24 hours of receiving the Owner's notice, or if there is no alternative suitable route, the Owner may thereupon cancel the contract and, if any cargo has been loaded, thereupon discharge the same at the Charterers expense.
B. If delay as aforesaid become apparent after the vessel leaves the port of loading, the Owners may require the Charterers to make the declaration described in "A." above and if the Charterers decline or fail to declare as aforesaid within 24 hours of receiving the Owners' notice, or if there is no alternative suitable route, the Owners may instruct the Master to discharge the cargo at the nearest safe and reachable port and such discharge shall be deemed due fulfilment of this contract. Save that if the mileage of the voyage is thereby decreased the freight shall be decreased proportionately, all provisions regarding freight, discharge of the cargo, laytime and demurrage as agreed for the original discharging port shall apply to discharge at the substitute port.
C. The Owners shall have a lien on the cargo for any freight and discharging costs payable by the Charterers according to this Clause.
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