金康规定合同94中英文版
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金康英文合同范本CONTRACT TITLE: Standard JinKang English Contract TemplateCONTRACT NO.: [______)This Standard JinKang English Contract Template (the "Contract") is made and entered into as of [Enter Date], and between the following parties: [Party 1 Name], a pany organized and existing under the laws of [Country/State], with its principal place of business located at [Party 1 Address] (hereinafter referred to as "Party 1").AND[Party 2 Name], a pany organized and existing under the laws of [Country/State], with its principal place of business located at [Party 2 Address] (hereinafter referred to as "Party 2").WHEREAS, Party 1 desires to engage Party 2 to provide certn services (the "Services") as described in this Contract; andWHEREAS, Party 2 desires to provide such Services to Party 1 on the terms and conditions set forth in this Contract;NOW, THEREFORE, in consideration of the mutual covenants and agreements contned herein, the parties hereto agree as follows:1. RecitalsThe above recitals are true and correct and are incorporated herein reference.2. DefinitionsFor the purposes of this Contract, the following terms shall have the following meanings:a. "Contract" means this Standard JinKang English Contract Template, including all schedules, exhibits, and appendices attached hereto.b. "Effective Date" means the date on which this Contract is executed both parties.c. "Services" means the services to be provided Party 2 to Party 1 as described in Exhibit A attached hereto.d. "Term" means the period mencing on the Effective Date and ending on the date specified in Section 5 below.3. Engagement of Party 23.1 Party 1 here engages Party 2 to provide the Services to Party 1 in accordance with the terms and conditions of this Contract.3.2 Party 2 agrees to provide the Services to Party 1 in accordance with the specifications and requirements set forth in Exhibit A attached hereto.4. Payment4.1 Party 1 shall pay Party 2 for the Services rendered in accordance with the payment terms set forth in Exhibit B attached hereto.4.2 Party 2 shall invoice Party 1 for the Services provided and shall include a detled description of the Services rendered and the amount due.5. Term and Termination5.1 The term of this Contract shall mence on the Effective Date and shall continue for a period of [Specify Duration] months/years, unless terminated earlier in accordance with the provisions of this Section 5.5.2 Either party may terminate this Contract upon [Specify Notice Period] written notice to the other party in the event of a material breach of any term or condition of this Contract the other party, which breach is not cured within [Specify Cure Period] after receipt of written notice specifying the breach.5.3 Upon termination or expiration of this Contract, Party 2 shall deliver to Party 1 all deliverables and work product related to the Services performed under this Contract.6. Confidentiality6.1 Each party agrees to mntn the confidentiality of all Confidential Information (as defined in Exhibit C attached hereto) of the other party and not to disclose such Confidential Information to any third party without the prior written consent of the other party.7. Representations and Warranties7.1 Each party represents and warrants to the other party that:a. It has the full legal right, power, and authority to enter into this Contract and to carry out its obligations hereunder.b. The execution, delivery, and performance of this Contract it do not and will not violate any agreement to which it is a party or which it is bound.8. Indemnification8.1 Party 2 shall indemnify, defend, and hold harmless Party 1 from and agnst any and all clms, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with the Services provided Party 2 under this Contract.9. Limitation of Liability9.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.10. Governing Law and Dispute Resolution10.1 This Contract shall be governed and construed in accordance with the laws of [Jurisdiction].10.2 Any disputes arising out of or in connection with this Contract shall be resolved through good fth negotiations between the parties. If such negotiations fl, any disputes shall be submitted to binding arbitration in accordance with the rules of the [Arbitration Association].11. Miscellaneous11.1 This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations, and understandings, whether written or oral.11.2 This Contract may be amended or modified only a written instrument executed both parties.11.3 This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written.PARTY 1: ______________________________________By: ___________________________Name: __________________________Title: __________________________Date: __________________________PARTY 2: ______________________________________By: ___________________________Name: __________________________Title: __________________________Date: __________________________[Note: This template is intended for general guidance and should be customized to suit the specific needs of the parties involved. It is advisable to consult with a legal professional before using this template.]。
FIXTURE NOTE订船合同24TH/AUG/2011 2011/8/25IT IS THIS DAY MUTUALLY AGREED BY TWO PARTIES FOR THE CARRIAGE OF G.CGO ON FLWG TERMS AND CONDITIONS THAT:于今日双方确认依照如下条款签订船运合同:PERFORMING VESSEL承运船只: MV.GREEN PINE OR SUBSINGAPORE FLAG,1994 BLT,NK CLASS,DWT 8637 ON 8.22M SSW, GRT/NRT 6,641/2,801MT,LOA/BM/DEPTH:100.61/18.80/13.60M,GR/BL CAPA:15,212/13,574CBM,TWN DECK,HATCH SIZE舱口尺寸: NO.1 NO.2UPPER DECK上甲板21.0X12.6M 27.0X12.6MTWEEN DECK 中间甲板21.0X9.2M(FRONT) N 12.6M(REAR) 27.0X12.6MDRRK:1X25T,CRANE 2X20T,2/2 HO/HA,AA WOG1.CARGO AND QUANTITY货物和数量:240PCS/1019MT/3116CBM STL STRUCTURE 5%MOLCO MAX L:15.7M MAX U/W:9.6MT2.LOAD/DISCHG PORTS:1SBP QINGDAO,CHINA/1SBP SINGAPORE(OWRS BERTH ATBENDS)YCAN停靠时间: 17TH-30TH/SEP. 20114.L/D RATE:CQD BENDS5.FREIGHT RATE: USD29.50 PER RT ON FILO TERMS BSS1/1;6.DETENTION CLAUSE: CHTRS TO PAY DAMAGE FOR DETENTION AT RATE OF USD6000 PDPR IF CARGO AND/OR DOCUMENTS NOT READY UPON VSL’S ARRIVAL AT LOAD/DISCH PORTS. PDPR per day or prorata 按天计算,不足一天者按比例计算7.FREIGHT PAYMENT: FULL FREIGHT TO BE PAYABLE TO OWNERS’ NOMINATEDACCOUNT BY TT WITHIN 3(THREE) BANKING DAYS AFTER COMPLETE LOADING AND S/R O.BS/L MARKED “FREIGHT PAYABLE AS PER CHARTER PARTY” BUT ALWAYS BEFORE BREAD BULK.IN CASE"FREIGHT PREPAID”BILL(S) OF LADING REQUESTED, SAME TO BE RELEASED ONLY AFTER FULL FREIGHT BE PAID TO OWNER’S ACCOUNT EVIDENCED BY VALID BANK SLIP AND OWNERS WELL RCVD ALL THE FRT.FULL FRT TB DEEMED AS EARNED AND DISCOUNTLESS AND NONRETURNABLE WHEN CGO LOADED ON BOARD WHETHER CGO/VSL LOST OR NOT.8.OWNERS HAVE RIGHT TO ARRANGE MEASUREMENT SURVEY IN LOADING PORT,THE FREIGHT WILL BE CALCULATED AND COLLECTED IN ACCORDANCE WITH SURVEY REPORT.9.TAXES, DUES AND WHARFAGES: ANY AFORESAID ON VESSEL A/O FREIGHT TO BEFOR OWNERS’ ACCOUNT,THE SAME ON CARGO TO BE FOR CHTRS ACCOUNT.10.ALL CGO STACKABLE,OWRS HAVE RIGHT TO LOAD CGO ON DECK/HATCHCOVER,THE RISK/LOST TO BE FOR CHTRS11.TALLY: SHIPSIDE TALLY OWNERS’ ACCOUNT, SHORE SIDE TALLY CHTRS ACCOUNTAT BOTH ENDS12.SHORE CRANE N FLOATING CRANE TO BE ARRANGED BY CHTR AND FOR CHTRSACCNT AT LDG PORT, TO BE FOR OWNER ACCOUNT AND ARRANGEMENT AT DISCHARGING PORT IF VSL DRRK NOT AVAILABLE.13.LIGHTERAGE/LIGHTENING TO BE FOR CHTRS ACCT AND ARRANGEMENT.14.AGENTS: OWR’S AGENT AT BENDS.SHING/DUNNAGE/SEPARATE TB FOR CHTRS ACCT.16.GENERAL AVERAGE AS PER YRK-ANTWERP 197417.ARBITRATION: ARBITRATION IN CMAC(SHANGHAI) AND CHINESE LAW TB APPLIED.18.OTHERS AS PER “GENCON” CHARTER PARTY 1922 AS REVISED 199419.OWNERS OPTION TO COMBINE OTHER CARGOES AND PORT ROTATION TO BE ATOWNER’S OPTION.ENDFOR AND ON BEHALF OF OWNERS FOR AND ON BEHALF OF CHARTERERS1.ocean FRT: usd 15/mt on first bss1/1海运费:每吨15美元船东不负责装卸及理舱,平舱2.LYCAN:受载期:3.L/D RATE:2/2W WDS SHEX UU装载率:4.PAYMENT:100PCT FRT TO BE PAID THE OWNERS NOMINATED BANK W/I 3 BANKING DAYS ACL S/R BS/L MARKED FRT PREPAID AS PER CHARTER PARTY. BUT ALWAYS B.B.B.付款方式:全部运费在装完货和签发预付运费提单后3个银行工作日内付至船东指定账户.5.DEMURRAGE:USD20000PER DAY OR PRO-RATA逾期费:每天20000美金或不足一天按比例计算6.SHIPSIDE TALLY TBF OWRS ACCT, SHORE SIDE TALLY TBF CHTRS ACCT船边理货由船东承担,岸边理货由租船人承担7.TAXES/DUES IF ANY ON CARGO TO BE FOR CHTRS ACCT关于集装箱的税费由租船人承担8.L/S/D AND SHIFTING CHRG.绑扎/固定/垫料如果需要由租家负责9.SHORE CRANE CHARGE TBF CHTRS ACCT AT BENDS.港口吊运费用由租船人承担10.OWRS AGENT AT BENDS两边港口由船东指定代理11.CGO FUMIGATION. IF REQUIRED .THE EXPENSE TO BE FOR CHTRS ACCOUNT. AND THE TIME TO COUNTED AS WORKING TIME货柜如果需要熏箱的话,其费用由租船人承担,熏箱时间算入工作时间CQD BOTH ENDS就是说在装卸港都采用码头习惯快速装卸的装卸率LIGHTENING:减载。
CONGENBILL\'94 背面条款中文译意提单与租约并用范本名称:"康金提单"1994年版由波罗的海国际航运公会选定运输条件(1)所有背面所示日期的租约的条款和条件,自由和免责,包括法律适用和仲裁条款并入本提单。
(2)首要条款(a)起运国订立的1924年布鲁塞尔关于统一提单若干法律规定的国际公约所包含的海牙规则知用于本提单。
在起运国没有这种法规时,目的地国的相应法规应当适用,但对于没有此种法规强制适用的运输应当适用前述公约的条款。
(b)海牙-维斯比规则适用的运输对于海牙-维斯比规则,即,1968年2月23日签署的议定书修正的1924年布鲁塞尔国际公约,强制适用的运输,相应法规的条款适用本提单。
(c)承运人对于装船前和卸船后或货物处于另一承运人掌管时发生的损坏或灭失不负责任,承运人对于甲板货或活动物的损失不负责任。
(3)共同海损共同海损应当按照1994年约克安特卫普规则或其后的修正规则在伦敦宣布、理算和解决,除非在租约中约定了另外一地点。
货方的共同海损分摊应当支付给承运人,即使这种损失是船长、引航员或船员的过错、过失或错误造成的。
租船人,托运人和收货人明确否定比利时商事法第二章第148条规定。
(4)新杰逊条款如果在航次开始之前或之后,由于无论是疏忽与否任何原因引起意外事故、危险、损坏或灾难,而根据法令、合同或其他规定,承运人对此类事件或此类事件的后果都不负责,则货物托运人、收货人或货物所有人应在共同海损中与承运人一起分担可能构成或可能发生的具有共同海损性质的牺牲、损失或费用,并应支付有关货物方面所发生的救助费用和特殊费用。
如果救助船舶为承运人所有或由其经营,则其救助费应犹如该救助船系第三者所有一样金额支付。
承运人或其代理人认为足以支付货物方面的预计分摊款额及其救助费用和特殊费用的保证金,如有需要,应由货方、托运人、收货人或货物所有人在提货之前付给承运人。
(5)双方有责碰撞条款如果船舶由于他船疏忽以及本船船长、船员、引航员或承运人的受雇人在驾驶或管理船舶中的行为、疏忽或不履行职责而与他船碰撞,则本船的货物所有人应就他船亦即非本船货物所有人所载货物的船舶或该船舶所有人所受一切损失或所负一切赔偿责任,给予本船承运人赔偿。
金康合同范本英文The "Gencon" contract template is a widely recognized and monly used standard form in the shipping industry. It provides a prehensive framework for various shipping transactions and is designed to cover essential terms and conditions.The Gencon contract typically includes detls such as the names and particulars of the vessel, the description and quantity of the cargo, the loading and discharging ports, the freight rate and payment terms, and the responsibilities and liabilities of the parties involved.One of the key features of the Gencon contract is its clarity and specificity in defining the rights and obligations of the shipowner and the charterer. This helps to minimize potential disputes and ensures a smooth and efficient shipping operation.However, it's important to note that while the Gencon contract provides a solid foundation, parties may still need to negotiate and make specific amendments or additions to suit the unique circumstances of each transaction.In conclusion, the Gencon contract template serves as a valuable tool in the world of shipping, but its application requires careful consideration and customization to meet the specific needs of the parties involved.。
金康合同中英文对照2022English:The 金康 (Jin Kang) contract is a legally binding document that outlines the terms and conditions of the agreement between parties involved. It typically includes details such as the names and addresses of the parties, the scope of work or services to be provided, the duration of the contract, payment terms, responsibilities of each party, termination clauses, and any other relevant provisions. This contract serves as a safeguard for both parties, ensuring that each party's rights and obligations are clearly defined and agreed upon. It also helps to mitigate potential disputes by providing a framework for resolving conflicts that may arise during the course of the agreement. Therefore, it is crucial for all parties to carefully review and understand the terms of the 金康contract before signing to ensure mutual understanding and compliance.中文翻译:金康合同是一份具有法律约束力的文件,概述了参与各方之间的协议条款和条件。
FIXTURE NOTE订船合同24TH/AUG/2011 2011/8/25IT IS THIS DAY MUTUALLY AGREED BY TWO PARTIES FOR THE CARRIAGE OF G.CGO ON FLWG TERMS AND CONDITIONS THAT:于今日双方确认依照如下条款签订船运合同:PERFORMING VESSEL承运船只: MV.GREEN PINE OR SUBSINGAPORE FLAG,1994 BLT,NK CLASS,DWT 8637 ON 8.22M SSW, GRT/NRT 6,641/2,801MT,LOA/BM/DEPTH:100.61/18.80/13.60M,GR/BL CAPA:15,212/13,574CBM,TWN DECK,HATCH SIZE舱口尺寸: NO.1 NO.2UPPER DECK上甲板 21.0X12.6M 27.0X12.6MTWEEN DECK 中间甲板 21.0X9.2M(FRONT) N 12.6M(REAR) 27.0X12.6MDRRK:1X25T,CRANE 2X20T,2/2 HO/HA,AA WOG1.CARGO AND QUANTITY货物和数量:240PCS/1019MT/3116CBM STL STRUCTURE 5% MOLCO MAX L:15.7M MAXU/W:9.6MT2.LOAD/DISCHG PORTS:1SBP QINGDAO,CHINA/1SBP SINGAPORE(OWRS BERTH AT BENDS)YCAN停靠时间: 17TH-30TH/SEP. 20114.L/D RATE:CQD BENDS5.FREIGHT RATE: USD29.50 PER RT ON FILO TERMS BSS1/1;6.DETENTION CLAUSE: CHTRS TO PAY DAMAGE FOR DETENTION AT RATE OF USD 6000 PDPR IF CARGO AND/ORDOCUMENTS NOT READY UPON VSL’S ARRIVAL AT LOAD/DISCH PORTS. PDPR per day or prorata 按天计算,不足一天者按比例计算7.FREIGHT PAYMENT: FULL FREIGHT TO BE PAYABLE TO OW NERS’ NOMINATED ACCOUNT BY TT WITHIN3(THREE) BANKING DAYS AFTER COMPLETE LOADING AND S/R O.BS/L MARKED “FREIGHT PAYABLE AS PER CHARTER PARTY”BUT ALWAYS BEFORE BREAD BULK.IN CASE"FREIGHT PREPAID”BILL(S) OF LADING REQUESTED, SAME TO BE RELEASED ONLY AFTER FULL FREIGHT BE PAID TO OWNER’S ACCOUNT EVIDENCED BY VALID BANK SLIP AND OWNERS WELL RCVD ALL THE FRT.FULL FRT TB DEEMED AS EARNED AND DISCOUNTLESS AND NONRETURNABLE WHEN CGO LOADED ON BOARD WHETHER CGO/VSL LOST OR NOT.8.OWNERS HAVE RIGHT TO ARRANGE MEASUREMENT SURVEY IN LOADING PORT, THE FREIGHT WILL BECALCULATED AND COLLECTED IN ACCORDANCE WITH SURVEY REPORT.9.TAXES, DUES AND WHARFAGES: ANY AFORESAID ON VESSEL A/O FRE IGHT TO BE FOR OWNERS’ACCOUNT,THE SAME ON CARGO TO BE FOR CHTRS ACCOUNT.10.ALL CGO STACKABLE,OWRS HAVE RIGHT TO LOAD CGO ON DECK/HATCH COVER,THE RISK/LOST TO BE FORCHTRS11.TALLY: SHIPSIDE TALLY OWNERS’ ACCOUNT, SHORE SIDE TALLY CHTRS ACCOUNT AT BOTH ENDS12.SHORE CRANE N FLOATING CRANE TO BE ARRANGED BY CHTR AND FOR CHTRS ACCNT AT LDG PORT, TOBE FOR OWNER ACCOUNT AND ARRANGEMENT AT DISCHARGING PORT IF VSL DRRK NOT AVAILABLE.13.LIGHTERAGE/LIGHTENING TO BE FOR CHTRS ACCT AND ARRANGEMENT.14.AGENTS: OWR’S AGENT AT BENDS.SHING/DUNNAGE/SEPARATE TB FOR CHTRS ACCT.16.GENERAL AVERAGE AS PER YRK-ANTWERP 197417.ARBITRATION: ARBITRATION IN CMAC(SHANGHAI) AND CHINESE LAW TB APPLIED.18.OTHERS AS PER “GENCON” CHARTER PARTY 1922 AS REVISED 199419.OWNERS OPTION TO COMBINE OTHER CARGOES AND PORT ROTATION TO BE AT OWNER’S OPTION.ENDFOR AND ON BEHALF OF OWNERS FOR AND ON BEHALF OF CHARTERERS1.ocean FRT: usd 15/mt on first bss1/1海运费:每吨15美元船东不负责装卸及理舱,平舱2.LYCAN:受载期:3.L/D RATE:2/2W WDS SHEX UU装载率:4.PAYMENT:100PCT FRT TO BE PAID THE OWNERS NOMINATED BANK W/I 3 BANKING DAYS ACL S/R BS/L MARKED FRT PREPAID AS PER CHARTER PARTY. BUT ALWAYS B.B.B.付款方式:全部运费在装完货和签发预付运费提单后3个银行工作日内付至船东指定账户.5.DEMURRAGE:USD20000PER DAY OR PRO-RATA逾期费:每天20000美金或不足一天按比例计算6.SHIPSIDE TALLY TBF OWRS ACCT, SHORE SIDE TALLY TBF CHTRS ACCT船边理货由船东承担,岸边理货由租船人承担7.TAXES/DUES IF ANY ON CARGO TO BE FOR CHTRS ACCT关于集装箱的税费由租船人承担8.L/S/D AND SHIFTING CHRG.绑扎/固定/垫料如果需要由租家负责9.SHORE CRANE CHARGE TBF CHTRS ACCT AT BENDS.港口吊运费用由租船人承担10.OWRS AGENT AT BENDS两边港口由船东指定代理11.CGO FUMIGATION. IF REQUIRED .THE EXPENSE TO BE FOR CHTRS ACCOUNT. AND THE TIME TO COUNTED AS WORKING TIME货柜如果需要熏箱的话,其费用由租船人承担,熏箱时间算入工作时间CQD BOTH ENDS就是说在装卸港都采用码头习惯快速装卸的装卸率LIGHTENING:减载。
航次租船合同条款简介本文以一FIXTURE NOTE为蓝本,简要解释有关航次租船合同的主要条款.Fixture Note订租确认书It is on this date that mutually agreed between the undersigned parties on the terms and conditions asf:经友好协商双方于本日达成如下条款:1) Performing Vessel:Mv xxx or subpan flag,blt 1982,loa/bm 106/17m,dwt/dft 6644mt,on 7.745m grt/nrt 3905/2905,g/b capa 8778/8205cbm,2ha/2ho,sid,derriks 12mtx41)执行船舶:Mv xxx or sub巴拿马旗,1982年造,船长/型宽:106/17m,载重吨/吃水6644mt on 7.745m,总吨/净吨3905/2905mt,散装舱容/包装舱容8778/8205cbm,2船舱/2舱口,单甲板,吊杆12mtx4注释:这些是程租合同里常见的船舶资料,有时根据承运的货物情况和租家的要求还会适当增加其他相关的资料,比如,装载特殊规格货物时,租家会要求在合同上注明舱口尺寸,以确定货物可以装进船舱。
船东负有正确陈述船舶详情的义务,如果他有意或无意中因疏忽而误述了有关资料,可能会给他带来额外的麻烦和损失。
如,有的贸易合同里要求负责租船的卖方必须找20年以下的船舶来承运合同货物,结果船东为了迎合租家的需要,谎报船龄,不料后来东窗事发,被收货人察觉,为此拒绝收货,从而使卖方遭受重大损失,那么船东是不是该负起赔偿责任呢?所以船东千万不要抱着侥幸心理,以为这种事是天知地知还有他知,不会泄露出去,事实上要查证起来是相当容易的。
字串62)Cgo:5000mt cotton seed meal in bulk,5%moloo,s.f 1.82) 货物:5000mt 散装棉籽粕,5%增减由船东选择,积载因素1.8注释:在货物详情条款里,除了约定本航次装载的货物品名外,通常还要注明货物的包装情况,如是散装,裸装或是袋装或木箱装的,规格多大等,并且要订明是由谁来选择货量的增减幅度。
对金康94条款的简单分析-第1条1 .金康 94——第 1 条原文:1. It is agreed between the party mentioned in box 3 as the owners of the vessel named in box 5, of the GT/NT indicated in box 6 and carrying about the number of metric tons of deadweight capacity all told on summer loadline stated in box 7, now in position as stated in box 8 and expected ready to load under this charter party about the date indicated in box 9, and the party mentioned as the charterers in box 4 that:The said vessel shall, as soon as her prior commitments have been completed, proceed to the loading port(s) or place(s) stated in box 10 or so near thereto as she may safely get and lie always afloat, and there load a full and complete cargo ( if shipment of deck cargo agreed same to be at the charterers’ risk and responsibility) as stated in b ox 12, which the charterers bind themselves to ship, and being so loaded the vessel shall proceed to the discharging port(s) or place(s) stated in box 11 as ordered on signing bills of lading, or so near thereto as she may safely get and lie always afloat, and there deliver the cargo.金康 94 范本的第一个条款是没有标题的,不过我们可以通过内容给它取个名字—— Description of vessel and loading/discharging port 。
金康合同范本的修订及评价金康(Gencon)合同范本是目前杂货航次租船合同中使用最广泛的一种,最常见的是1976年修订本,1991年,波罗的海国际航运公会(BIMCO)文件委员会开始着手对该格式修订和补充,新的金康合同范本于1994年11月颁布,修订主要有以下三个内容:1.对于一些过时的条款进行了必要的删节和补充,使原来一些容易产生歧义的语句变得清晰、准确;2.增加了一些附加条款,使新的合同范本变得更加完备;3.增加了一些选择(任意)性条款,更易于合同双方根据实际情况灵活使用。
修订内容部分条款简介如下。
第一条前言1.改总/净登记吨(GRT/NPT)为总/净吨(GT/NT),以符合1969年国际船舶吨位丈量公约的要求。
2.在该条第二款中关于预备航次的叙述由原来的“The said vessel shall proceed to the loading port or place…”,变为“The said ve-ssel shall,as soon as her prior commitment have beencompleted,pro-ceed to the lo ading port or place…”意在强调出租人只有在上一航次(即“Prior commitment”)完成后才有尽快开始预备航次的义务,以避免实践中经常出现的由于上一航次的影响(包括恶劣天气、承租人责任等出租人可以免责的情况),出租人不能及时开始预备航次而引起违约,但出租人这时却不能援引上一航次的免责事项来对抗本航次的承租人,从而引起承租人解约或索赔的情况。
而按照金康’94合同范本只要求出租人在开始预备航次和装货准备就绪方面不存在不合理延误,即使船舶未按时抵达装货港也不必承担违约责任。
有关解约的规定详见第九条。
第二条出租人责任该条约的修改要格外引起承租人的注意,它删去了金康’76范本第二条中的“the imporer or negligent stowage of the goods(unless stowagepeformed by shippers/Charterers of their stevedores or serveants) or”一句。
“Gencon” Charter (As Revised 1922,1976 and 1994)1. It is agreed between the party mentioned in Box 3 as the Owners of the Vesselnamed in Box 5, of the GT/NT indicated in Box 6 and carrying about the number of metric tons of deadweight capacity all told on summer loadline stated in Box 7, now in position as stated in Box 8 and expected ready to load under this Charter Party about the date indicated in Box 9, and the party mentioned as the Charterers in Box 4 that:The said Vessel shall, as soon as her prior commitments have been completed, proceed to the loading port(s) or place(s) stated in Box 10 or so near thereto as she may safely get and lie always afloat, and there load a full and complete cargo (if shipment of deck cargo agreed same to be at the Charterers' risk and responsibility) as stated in Box 12, which the Charterers bind themselves to ship, and being so loaded the Vessel shall proceed to the discharging port(s) or place(s) stated in Box 11 as ordered on signing Bills of Lading, or so near thereto as she may safely get and lie always afloat, and there deliver the cargo.1.兹由第3栏所列的下述船舶所有人与第4栏所指的承租人,双方协议如下:上述船舶一旦完成前个合同,应驶往第10栏所列的装货港口或地点,或船舶能安全抵达并始终浮泊的附近地点,装载第12栏所列的货物,满舱满载,(如协议装运甲板货,则由承租人承担风险。
)(承租人应提供所有垫船用席子和/或木料及所需隔板。
如经要求,船舶所有人准许使用船上任何垫舱木料。
)承租人约束自己装运该货,船舶经此装载后,应驶往第11栏所列的,在签发提单时指定的卸货港口或地点,或船舶能安全抵达并始终浮泊的附近地点,交付货物。
2. Owners' Responsibility ClauseThe Owners are to be responsible for loss of or damage to the goods or for delay in delivery of the goods only in case the loss, damage or delay has been caused by personal want of due diligence on the part of the Owners or their Manager to make the Vessel in all respects seaworthy and to secure that she is properly manned, equipped and supplied, or by the personal act or default of the Owners or their Manager.And the Owners are not responsible for loss, damage or delay arising from any other cause whatsoever, even from the neglect or default of the Master or crew or some other person employed by the Owners on board or ashore for whose acts they would, but for this Clause, be responsible, or from unseaworthiness of the Vessel on loading or commencement of the voyage or at any time whatsoever.2.船舶所有人责任条款船舶所有人对货物的灭失、损坏或延迟交付的责任限于造成灭失损坏或延迟的原因是由于船舶所有人或其经理人本身未尽谨慎使船舶各方面适航,并保证适当配备船员,装备船舶和配备供应品,或由于船舶所有人或其经理人本身的行为或不履行职责。
船舶所有人对由于其他任何原因造成的货物灭失、损坏或延迟,即使是由于船长或船员或船舶所有人雇佣的船上或岸上人员的疏忽或不履行职责(如无本条规定,船舶所有人应对他们的行为负责),或由于船舶在装货或开航当时或其他任何时候不适航所造成的,亦概不负责。
3. Deviation ClauseThe Vessel has liberty to call at any port or ports in any order, for any purpose, to sail without pilots, to tow and/or assist Vessels in all situations, and also to deviate for the purpose of saving life and/or property.3.绕航条款船舶有权为任何目的以任何顺序挂靠任何港口,有无引航员在船均可航行,在任何情况下拖带和/或救助他船,亦可为拯救人命和/或财产而绕航。
4. Payment of Freight(a) The freight at the rate stated in Box 13 shall be paid in cash calculated on the intaken quantity of cargo.(b) Prepaid.If according to Box 13 freight is to be paid on shipment, it shall be deemed earned and non-returnable, Vessel and/or cargo lost or not lost.Neither the Owners nor their agents shall be required to sign or endorse bills of lading showing freight prepaid unless the freight due to the Owners has actually been paid.(c) On delivery.If according to Box 13 freight, or part thereof, is payable at destination it shall not be deemed earned until the cargo is thus delivered. Notwithstanding the provisions under (a), if freight or part thereof is payable on delivery of the cargo the Charterers shall have the option of paying the freight on delivered weight/quantity provided such option is declared before breaking bulk and the weight/quantity can be ascertained by official weighing machine, joint draft survey or tally.Cash for Vessel's ordinary disbursements at the port of loading to be advanced by the Charterers, if required, at highest current rate of exchange, subject to two (2) per cent to cover insurance and other expenses.4.运费支付(a)运费应按第13栏规定的费率,按所装货物的数量计算以现金支付。
(b)运费预付。
如按第13栏规定运费应预付,则运费视为已挣得,无论船舶/货物是否灭失,不得返还。
除非运费已支付给船东,否则船东或其代理无需签发运费预付提单。
(c)运费到付。
如按第13栏规定运费或部分运费为到付,则运费直到货物卸完才视为挣得。
不论(a)款如何规定,如运费或部分运费为到付,租家有权在开舱前选择按卸货重量/数量支付运费,且该重量/数量可由官方计量器或联检或理货确定。
如经要求,承租人应现金垫付船舶在装货港的经常费用,而按最高兑换率折合并附加2%抵偿保险费和其他费用。
5. Loading/Discharging(a) Costs/RisksThe cargo shall be brought into the holds, loaded, stowed and/or trimmed, tallied, lashed and/or secured and taken from the holds and discharged by the Charterers, free of any risk, liability and expense whatsoever to the Owners. The Charterers shall provide and lay all dunnage material as required for the proper stowage and protection of the cargo on board, the Owners allowing the use of all dunnage available on board. The Charterers shall be responsible for and pay the cost of removing their dunnage after discharge of the cargo under this Charter Party and time to count until dunnage has been removed.(b) Cargo Handling GearUnless the Vessel is gearless or unless it has been agreed between the parties that the Vessel's gear shall not be used and stated as such in Box 15, the Owners shall throughout the duration of loading/discharging give free use of the Vessel's cargo handling gear and of sufficient motive power to operate all such cargo handling gear. All such equipment to be in good working order. Unless caused by negligence of the stevedores, time lost by breakdown of the Vessel's cargo handling gear or motive power - pro rata the total number of cranes/winches required at that time for the loading/discharging of cargo under this Charter Party - shall not count as laytime or time on demurrage.On request the Owners shall provide free of charge cranemen/winchmen from the crew to operate the Vessel's cargo handling gear, unless local regulations prohibit this, in which latter event shore labourers shall be for the account of the Charterers. Cranemen/winchmen shall be under the Charterers' risk and responsibility and as stevedores to be deemed as their servants but shall always work under the supervision of the Master.(c) Stevedore DamageThe Charterers shall be responsible for damage (beyond ordinary wear and tear) to any part of the Vessel caused by Stevedores. Such damage shall be notified as soon as reasonably possible by the Master to the Charterers or their agents and to their Stevedores, failing which the Charterers shall not be held responsible. The Master shall endeavour to obtain the Stevedores' written acknowledgement of liability. The Charterers are obliged to repair any stevedore damage prior to completion of the voyage, but must repair stevedore damage affecting the Vessel's seaworthiness or class before the Vessel sails from the port where such damage was caused or found. All additional expenses incurred shall be for the account of the Charterers and any time lost shall be for the account of and shall be paid to the Owners by the Charterers at the demurrage rate.5.装卸(a)费用/风险承租人负责把货物送至舱,装船、积载和/或平舱,绑扎和/或加固,并从舱提取和卸货,船舶所有人不承担任何风险,责任和费用。