22 Jul 13 - 16:11
By BIMCO
If, due to charterers' orders, a vessel sits at anchor awaiting a berth for an extended period or spends a prolonged length of time alongside working cargo, particularly in tropical waters, there is a strong likelihood that marine growth will form on the hull and subsequently affect the vessel's performance.
In order to protect shipowners' interests, BIMCO has published a new clause for time charter parties to address this particular issue. Further details including the text of the clause can be found in BIMCO's Hull Fouling Clause for Time Charter Parties.
BIMCO's Hull Fouling Clause
(a) If, in accordance with Charterers' orders, the Vessel remains at or shifts within a place, anchorage and/or berth for an aggregated period exceeding:
(i) a period as the parties may agree in writing in a Tropical Zone or Seasonal Tropical Zone*; or
(ii) a period as the parties may agree in writing outside such Zones*
any warranties concerning speed and consumption shall be suspended pending inspection of the Vessel's underwater parts including, but not limited to, the hull, sea chests, rudder and propeller.
*If no such periods are agreed the default periods shall be 15 days.
(b) In accordance with sub-clause (a), either party may call for inspection which shall be arranged jointly by Owners and Charterers and undertaken at Charterers' risk, cost, expense and time.
(c) If, as a result of the inspection either party calls for cleaning of any of the underwater parts, suchcleaning shall be undertaken by the Charterers at their risk, cost, expense and time in consultation with the Owners.
(i) Cleaning shall always be under the supervision of the Master and, in respect of the underwater hullcoating, in accordance with the paint manufacturers' recommended guidelines on cleaning, if any. Suchcleaning shall be carried out without damage to the Vessel's underwater parts or coating.
(ii) If, at the port or place of inspection, cleaning as required under this Sub-clause (c) is not permitted or possible, or if Charterers choose to postpone cleaning, speed and consumption warranties shall remain suspended until such cleaning has been completed.
(iii) If, despite the availability of suitable facilities and equipment, Owners nevertheless refuse to permitcleaning, the speed and consumption warranties shall be reinstated from the time of such refusal.
(d) Cleaning in accordance with this clause shall always be carried out prior to redelivery. If, nevertheless, Charterers are prevented from carrying out such cleaning, the parties shall, prior to but latest on redelivery, agree a lump sum payment in full and final settlement of Owners' costs and expenses arising as a result of or in connection with the need for cleaning pursuant to this clause.
(e) If the time limits set out in Sub-clause (a) have been exceeded but the Charterers thereafter demonstrate that the Vessel's performance remains within the limits of this Charter Party the vessel's speed and consumption warranties will be subsequently reinstated and the charterers' obligations in respect of inspection and/or cleaning shall no longer be applicable.
Source: The West of England P&I Club
