Fixture Note standard for GEARED VESSEL

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CHARTERERS:YELLOW RIVER LOGISTICS (SINGAPORE) PTE LTD,20 COLLYER QUAY #21-03 SINGAPORE 049319,OWNERS:PLS ADVISEPLS ADVISE CP CHAIN.MV. XXXXXFOR0)CARGO AND CARGO QUANTITYX0,000MT 10 PCT MOLOO HARMLESS COAL IN BULK1)LAYCANXXX XXXX2)LOADING PORT1 SP 1 SA XXXXX INDONESIA3)DISCHARGE PORT1SB 1SP XXXX, CHINA OR ANY OTHER CHINESE PORT CHOPT FOR WHICH FRT SHALL BE CALCULATED ON OPEN BOOK DATA BSS, A.A.A.A.OWNER TO SATISFY THEMSEVLES WITH PORT REGULATIONS & LIMITS, CHRTS CAN GUIDE OWRS THAT GUANGZHOU IS WITH 13.2M FW DRAFT4) BIMCO DOUBLE BANKING CLAUSE TO APPLY5) LOADING TERMS:8,000MT PWWD SHINC BUT EXCLUDING MAJOR INDONESIAN HOLIDAYSTHE MAJOR INDONESIAN HOLIDAYS STATED HERE IS FOLLOWING:IDUL FITRI (LEBARAN MARKING END OF RAMADHAN)WAFAT ISA AL MASIH (GOOD FRIDAY)IDUL ADHA (SACRIFICE DAY)PROKLAMASI KEMERDEKAAN RI (INDEPENDENCE DAY, 17 AUGUST)HARI NATAL (CHRISTMAS DAY, 25 DECEMBER)NEW YEAR'S DAY.6) DISCHARGING TERMS: 12,000MT PWWD SHINC7) TURN TIME AND LAYTIME IN THE LOADING PORT:7.1) WRITTEN NOTICE OF READINESS SHALL BE TENDERED 24 HRS SHINC(MAJOR INDONESIAN HOLIDAYS EXCLUDED) AFTER VESSEL'S ARRIVAL AT THE DESIGNATED LOADING PORT OR ANCHORAGE.7.2) THE TIME SO ALLOWED FOR LOADING ("LAYTIME") SHALL COMMENCE, BERTH OR NO BERTH, TWELVE (12) HOURS AFTER NOTICE OF READINESSIS TENDERED PURSUANT TO CLAUSE 7.1,OR ON COMMENCEMENT OF LOADING, WHICHEVER IS THE EARLIER, PROVIDING THAT THE VESSEL IS IN FREE PRATIQUE AND ALL RESPECT READY TO LOAD.7.3) UNLESS OTHERWISE AGREED CHTRS SHALL BE UNDER NO OBLIGATION TO ACCEPT A NOTICE OF READINESS OR TO LOAD ANY VESSEL PRIOR TO THE COMMENCEMENT OF THE LAYDAYS FOR SUCH VESSEL. EXCLUDING TURN TIME, ONLY TIME ACTUALLY USED FOR LOADING SHALL COUNT AS LAYTIME UNTIL THE COMMENCEMENT OF THE LAYDAYS.7.4) IF VSL MISS THE CANCELING DATE, CHRTS HAVE RIGHT TO CANCEL THE VSL OR MUTUALLY AGREED NEW LAYCAN AS PER GENCON 947.5) ANY TIME LOST BY REASON OF ANY OF THE FOLLOWING (WHETHER OR NOT THE VESSEL IS ALREADY ON DEMURRAGE) SHALL NOT BE COUNTED AS LAYTIME OR FOR DEMURRAGE:(I) TIME LOSS DUE TO VSL FAIL FREE PRATIQUE AND VSL FAIL CUSTOMS CLEARANCE;(II) INWARD PASSAGE FROM ANCHORAGE UNTIL THE VESSEL IS SECURELY MOORED AT THE BERTH;(III) DELAY DUE TO BREAKDOWN OR REPAIRS OF THE VESSEL'S LOADING EQUIPMENT, BALLASTING EQUIPMENT OR LIGHTING EQUIPMENT OR DELAYS DUETO THE VESSEL'S EQUIPMENT(S) TO CHANGE STOWAGE PLAN OR LOADING SEQUENCES OR TO HAVE SPECIAL TRIMMING.(IV) ACTS OF GOD, BAD WEATHER AND DELAYS TO CAUSED BY FORCE MAJEURE EVENTS BE EXCEPTED FROM LAYTIME, AND ANY TIME LOST DUE TO LABOR DISPUTES, STRIKES, GO SLOW, WORK TO RULE, LOCK OUT, STOPPAGES OR RESTRAINT , BREAK TIME INVOLVING THE STEVEDORING MASTER , OFFICER, CREW OF THE VESSEL.(V) TIME SPENT IN OPENING AND/OR CLOSING HATCH COVERS;(VI) TIME SPENT IN MAKING HOLD CHANGES DURING THE COAL LOADING SEQUENCE;(VII) TIME SPENT IN CONDUCTING INITIAL AND FINAL DRAFT SURVEY;DRAFT SURVEY OF THE VESSEL,IF APPLICABLE, PRIOR TO OR DURING THE LOADING OF THE COAL;(VIII). CLEANING AND INSPECTION OF THE VESSEL'S HOLDS AND THE TIME LOST REQUIRED FOR DEBALLASTING;(IX) BREAKDOWN OR FAILURE OF THE VESSEL TO COMPLY WITH THE REQUIREMENTS OR REGULATIONS OF THE LOADING PORT CAUSING DELAY OR RESTRICTION TO LOADING OPERATIONS.LOADING SHALL BE DEEMED TO BE COMPLETED AND LAYTIME AND DEMURRAGE SHALL CEASE UPON COMPLETION OF LOADING.7.6) COAL SHALL BE LOADED ON THE VESSEL AND SPOUT TRIMMED AT CHRT'S EXPENSE. IF ADDITIONAL TRIMMING IS REQUIRED BY THE MASTER OF THE VESSEL BY REASON OF THE CONSTRUCTION OF THE VESSEL OR OTHERWISE, OWNER SHALL EMPLOY TRIMMERS AT OWNER'S RISK AND EXPENSE AND SHALL PROCURE THAT WHILE SUCH TRIMMERS ARE SO EMPLOYED THEY SHALL BE UNDER THE CONTROL OF THE MASTER OF THE VESSEL AND CHRT SHALL NOT BE LIABLE FOR, OR FOR THE CONSEQUENCE OF, ANY ACT, OMISSION, NEGLIGENCE, DEFAULT OR ERROR IN JUDGMENT ON THE PART OF SUCH TRIMMERS.7.7) ON ARRIVAL OF FIRST LOADING PORT, VESSEL'S CARGO HOLDS TO BE CLEANED AND SWEPT TO PASS SHIPPER'S HOLD INSPECTION BY INDENPENDT SURVEYS AT LOADPORT AND TO BE READY TO RECEIVE CHARTERES INTENDED CARGO. ANY TIME LOSS DUE TO THE VSL FAIL HOLD INSPECTION SHOULD NOT COUNT AS LAYTIME.7.8). THE OWNER/MASTER OF THE VESSEL SHALL DECLARE THE STOWAGE PLAN 5 DAYS PRIOR TO VESSEL ETA THE LOADING PORT.THE STOWAGE PLAN SHALL TAKE INTO ACCOUNT ANY REQUIREMENTS RELATING TO THE VESSEL DRAFT STIPULATED BY THE LOADING PORT AUTHORITIES7.9). OWNER SHALL ENSURE THAT THE HOLDS AND ADJOINING HATCHES OF THE VESSEL CHARTERED FOR THE VOYAGE SHALL BE FIT FOR THE RECEPTION ANDCARRIAGE OF BULK OF COAL CARGO PRIOR TO LOADING OF COAL, AND THE SHIPPER SHALL HAVE THE RIGHT TO ARRANGE INSPECTION OF THE HOLDS PRIOR TO COMMENCEMENT OF LOADING. ANY TIME LOST OR EXPENSES INCURRED BY REASON OF THE VESSEL NOT CONFORMING TO THIS ARTICLE SHALL BE FOR THE ACCOUNT OF OWNER.7.10) CHARTERER IS ALLOWED TO HAVE MAXIMUM 12 HOURS TO FINISH CARGO EXPORT DOCUMENTATION (WHICH MEANS CARGO EXPORT PERMIT AND PERMIT EXPOR BARANG OR PEB IN INDONESIAN LANGUAGE) AT LOADPORT AFTER COMPLETION OF LOADING, ANY DELAY THEREAFTER DUE TO SUCH REASON TO COUNT AS LAYTIME.8) TURN TIME AND LAYTIME IN THE DISCHARGING PORT:LAYTIME FOR DISCHARGE SHALL COMMENCE TWELVE (12) HOURS AFTER THE NOR IS TENDERED UNLESS UNLOADING COMMENCED SOONER IN WHICH CASE THE ACTUAL TIME WILL BE USED TO COUNT AS LAYTIME.NOTICE OF READINESS TO DISCHARGE COAL TO BE TENDERED BY WRITTEN ANYTIME DAY OR NIGHT, SUNDAY AND PUBLIC HOLIDAYS INCLUDED UPON VESSEL ARRIVAL AT DISCHARGING PORT, WHETHER IN PORT OR NOT, IN BERTH OR NOT, IN FREE PRATIQUE OR NOT, IN CUSTOM CLEARANCE OR NOT.ANY TIME LOST BY REASON OF ANY OF THE FOLLOWING SHALL NOT BE COUNTED AS LAYTIME OR FOR DEMURRAGE:(I) SHIFTING TIME FROM ANCHORAGE TO BERTH SHALL NOT BE COUNTED AS LAYTIME EVEN IF THE VESSEL IS ALREADY ON DEMURRAGE.(II) OPENING AND CLOSING OF HATCHES WILL NOT BE COUNTED AS LAYTIME EVEN IF THE VESSEL IS ALREADY ON DEMURRAGE(III) ACTS OF GOD. BAD WEATHER WHICH ACTUALLY PREVENT THE DISCHARGING TO BE EXCEPTED FROM LAYTIME(IV) ANY TIME LOST DUE TO FAILURE OR BREAKDOWN OF THE SHIP'S GEAR OR EQUIPMENT WHICH MAY AFFECT OR DELAY CONTINUED NORMAL DISCHARGE OPERATIONS. TIME LOST IS TO BE COUNTED ON A PRORATA BASIS BUT IN CASE SOME CARGO IS LEFT IN ONE HATCH ONLY AND THAT PARTICULAR CRANE BREAKS DOWN, THE LOST TIME WILL BE EXCLUDED PROPORTIONATELY FROM THE CALCULATION OF LAYTIME EVEN IF THE VESSEL IS ALREADY ON DEMURRAGE(V) ①TIME LOST DUE TO THE VSL FAIL FREE PRATIQUE; ②TIME USED FOR FREE PRATIQUE; ③TIME USED FOR JOINT-INSPECTION; ④TIME USED FOR INWARD FORMILITIES; ⑤TIME USED FOR INITIAL, FINAL DRAFT SURVEY SHALL NOT BE COUNTED AS LAYTIME. EVEN IF THE VESSEL IS ALREADY ON DEMURRAGE; ⑥CARGO SURVEY INSPECTION(VI) CLEANING AND INSPECTION OF THE VESSEL`S HOLDS(VII) BREAKDOWN OR FAILURE OF THE VESSEL TO COMPLY WITH THE REQUIREMENTS OR REGULATIONS OF THE DISCHARGING PORT CAUSING DELAY OR RESTRICTION TO DISCHARGING OPERATIONS.DISCHARGING SHALL BE DEEMED TO BE COMPLETED AND LAYTIME AND DEMURRAGE SHALL CEASE UPON COMPLETION OF DISCHARGING.CLEANING HOLDS AFTER DISCHARGING SHOULD NOT BE COUNTED AS LAYTIME OR DEMM.9) THE OWNERS HAS TO ENSURE THAT THE CHTRS/SHIPPER/RECEIVER SHOULD BE PROMPTLY CONVEYED ABOUT THE VESSEL ESTIMATED TIME OF ARRIVAL AT THE LOADING PORT 7(SEVEN) DAYS, 5 (FIVE) DAYS, 3 (THREE) DAYS, 2 (TWO) DAYS AND TWENTY FOUR (24) HOURS BEFORE VESSEL IS EXPECTED TO ARRIVE.10) FREIGHT RATE BASIS ON 1/1 FIOSTUSDXXX PMT FOR DISCHARGING PORT IS GUANGZHOU, CHINAOTHER DISPORTS(NOT NORTH OF SHANGHAI OF CHINA) APART FROM ABOVE AND RESPECTIVE FREIGHT RATE DIFFERENTIALS, IF ANY, WILL BE AGREED IN OPEN BOOK BASIS ON SAME TC EQUIVALENT FINAL DISCHARGING PORT TO BE DECLARED UPON VSL'S SAILING FM LOADING PORT.11) DEMURRAGE / DESPATCHDEMURRAGE/DESPATCH: X000 USD PDPR, DHDDEMURRAGE/DESPATCH SHALL BE SETTLED WITHIN TWENTY(20) DAYS AFTER COMPLETION OF DISCHARGING AGAINST RELEVANT DOCUMENTS.12) PERFORMANING VSLSHOULD BE ASF,VESSEL REQUIREMENTS:II). THE VESSEL SHALL COMPLY WITH LOADING PORT REGULATIONS BEFORE CARGO OPERATION;III). DRAUGHT MARKS SHALL BE LEGIBLE AT ALL TIMES;IV). DISPLACEMENT TABLE SHALL BE PROVIDED TO THE LOADING PORT AGENT;V). INTERNATIONAL SHIP AND PORT SECURITY (ISPS) CODE COMPLIANCE AND FULLY CLASSED LLOYD'S 100A1 OR EQUIVALENT WITH A CLASSIFICATION SOCIETY BEING A FULL MEMBER OF THE INTERNATIONAL ASSOCIATION OF CLASSIFICATION SOCIETIES (IACS) THROUGHOUT THE CURRENCY OF THIS CHARTER;VI). GEARLESS VESSEL SINGLE DECK BULK-CARRIER AND MAXIMUN 20 YEARS OLD WITH MINIMUM FOUR(4) HOLDS/HATCHES; AND IT SHOULD BE ORIGINALLY GEARLESS WITHOUT ANY GEAR OR CRANE ON BOARD.13) FREIGHT PAYMENTFREIGHT 100 PERCENT PAYABLE IN USD, INTO OWNERS ACCOUNT WITHIN THREE (3) BANKING DAYS AFTER COMPLETION OF LOADING, SIGN & RELEASING BILL(S) OF LADING MARKED FREIGHT PAYABLE AS PER CHARTER PARTY BUT ALWAYS BEFORE BREAKING BULK.14) B/LB/L ISSUED SHALL BE CONGEN BILL EDITION. B/L FIGURE SHALL BE AS PER DRAFT SURVEY CERTIFICATE.SHOULD THE ORIGINAL B/L NOT BE AVAILABLE AT DISCHARGING PORT UPON VESSEL ARRIVAL, OWNERS/MASTER AGREE TO DISCHARGE AND RELEASE ENTIRE CARGO WITHOUT PRESENTATION OF ORIGINAL B/L AGAINST WHICH CHARTERERS TO ISSUE SINGLE LOI IN OWNERS' PNI CLUB WORDING.15).THE PERFORMING VESSEL SHALL SUPPLY SUFFICIENT LIGHTS AS ON BOARD, FREE OF CHARGE TO ASSIST CARGO OPERATION DURING NIGHT TIME.16).CHARTERERS AGENTS BOTH ENDS WITH REASONABLE PDA17)VESSEL CRANES/DERRICKS/GRABS (AT LEAST 4 GRABS FITTED FOR VESSEL) TO BE FREELY USED FOR LOADING AT LOADING PORT. THE OWNER GURANTEE VESSEL IS EQUIPPED WITH GOOD-CONDITION AND SUFFICIENT FACILITIES FULLY SUITABLE FOR LOADING. BULK CARGO IN HOLDS AND TO PROVIDE SUFFICIENT LIGHTS AS ON BOARD FOR NIGHT WORKS AND FREE USE OF WHICH IN GOOD WORKING CONDITIONS.OWNERS GUARANTEE SHIP'S CARGO GEARS/CRANES/GRABS ALL IN GOOD CONDITION. TIME LOSE DUE TO VESSEL’S GEAR BREAKDOWN AND CRANES LIFITING CAPACITY LOWER THAN DESCRIBED SHOULD BE DEDUCTED FROM LAYTIME PER DAY PRORATA EVEN ON DEMURRAGE17).STEVEDORES DAMAGE, IF ANY AT LOADING / DISCHARGING PORT SHALL BE SETTLED BETWEEN PORT AUTHORITIES/ STEVEDORES AND OWNERS,BUT CHARTERERS WILL LEAD ALL POSSIBLE ASSISTANCE TO OWNERS IN COLLECTING ANY STEVEDORE DAMAGE CLAIMS / TO ASSIST OWNERS TO RESOLVE THE ISSUE/PROBLEM.HOWEVER CHRTS TO BE FREE OF ANY RESPONSIBILITY EVENTUALLY.18) ARBITRATIONTO BE HELD IN HONG KONG AND HONGKONG LAW TO APPLY FOR THE NEGOTIATIONS AND EVENTUAL FIXTURE.19) THE FOLLOWING BIMCO CLAUSE ARE DEEM PART OF THE CP AND SHALL BE INCORPORATED IN THE BLS ISSUED UNDER: NEW JASON CLAUSE, GENERAL AVERAGE, PARAMOUNT CLAUSE, BOTH-TO-BLAME COLLISION CLAUSE FOR CONTRACT OF CARRIAGE.FOLLOWING WORDING SHOULD BE INSERTED IN ALL BLS TERMS, CONDITIONS AND EXCEPTIONS, INCLUDING THE ARBITRATION CLAUSE OF THE CONTRACT DATED ( INSERT DATE OF THE CONTRACT ) ARE HEARIN FULLY INCORPORATED.20) STRIKE CLAUSEBIMCO STRIKE CLAUSE TO APPLY21 ) OTHERWISE AS PER ATTACHED GENCON 94 WHICH WILL BE AS A PART OF THE FIXTURE22) SUBS TO BE CONFIRMED WITHIN 1 WORKING DAY AFTER FIXING MAIN TERMS.23) 1.25PCT BERY AS BROKERAGE ON F/D/D。