CHARTER AGREEMENT
Article 1- Part 1;
ship broker
place and date
Carrier/trading center (Kl.1)
Shipper/commercial center (Kl.1)
Name of the ship (Kl.1)
GT/NT(Kl.1)
Summer line load capacity in M/Ton – dwt (Kl.1)
Location of the ship as of current time (Kl.1)
Estimated ready to load date (Kl.1)
Port or place of loading (Kl.1)
Discharge port or place (Kl.1)
Freight (if agreed, specify the amount and share in the carrier option; if full and sufficient load is not agreed, enter “partial load”) (Kl.1)
Freight amount (specify whether the freight will be paid in advance or on delivery of the cargo (Kl.1)
Freight payment (currency type of payment, specify the beneficiary and bank account number (Kl.1)
Specify if the ship’s cranes will not be used (Kl.1)
Fill in Starya time (if individual times for loading and unloading are investigated, fill in a) and b), if the total time for loading and unloading has been agreed, fill in only c) (Kl. 6)
(a) Starya time for loading
(b) Starya time for unloading
(c) Total time for loading and unloading
Shipper/commercial center (Kl.6)
Agent (Loading) (Cl.6)
Agency (Discharge) (Kl.6)
Surcharge amount-payment method (loading and unloading) (Kl.7)
Termination date (Kl.9)
Place where general average allocation will be made (Kl.12)
Freight tax (specify if it is on the carrier’s account) (Kl. 13c)
Broker commission and to whom it will be paid (Kl.14)
The applicable law and arbitration (State 19 (a), (b) or (c) has been chosen; (c) if accepted, indicate the place of arbitration) (if not filled, 19 (a) will be valid (Kl.19)
Specify ceiling amount for limited compensation/shortened arbitration (Kl.19)
Additional clauses on special rules, if agreed
In this document, which consists of 2 parts, it is mutually agreed that the contract will be executed within the framework of written conditions. In case of conflict and limited to the conflict, the terms in Chapter 1 have precedence over the terms in Chapter 2.
Carrier’s Shipper
Signature Signature
1.5. the name in the box, the gross and net tons in the box 6, the summer season load carrying capacity in metric tons in the box, the current position in the box 8 and the date it will be ready for loading in relation to a contract in the box 9. The following points have been agreed between the carrier and the shipper shown in Box 4.
As soon as the previous commitments have been fulfilled, the said ship will go to the port(s) or wharf(s) or the port(s) of loading specified in Box 10. shall take the full and adequate cargo (if agreed, the risk and responsibility for the deck cargo shall be with the shipper) and shall be loaded and unloaded to the shipper(s) or wharf(s) or quay(s) as indicated in Box 11. It will deliver the cargo by going to the nearest place, provided that it can be reached in full and always stay afloat.
Article 2- Carrier’s liability clause;
If only he or the manager to whom he is assigned does not exercise due diligence in terms of making the ship seaworthy in all respects, removing icing, providing fuel, oil and food supplies, and finding seafarers as necessary, without any damage to, damage to or delay in delivery of the cargo, or if he In case of personal fault or negligence of the manager he/she has appointed, he/she is responsible.
For any reason other than this, even due to the faults or omissions of the captain or other seafarers or other persons employed on the ship or on the shore for which the carrier is responsible for the actions of this clause, or the unsuitability of the ship during loading or at the beginning of the voyage or at any time thereafter. The carrier is not liable even for loss, damage or delay.
Article 3- Deviation clause;
The ship is free to call at any port or ports for any reason, without being bound by any order, to navigate without a guide, to tow or assist another ship, and to deviate in order to save life and/or property.
Article 4- Payment of freight;
(a) Freight is calculated based on the unit in Box 13.
(b) Advance payment: If freight is payable after shipment pursuant to Box 13, it will be considered accrued and is non-refundable whether the ship suffers and/or loss.
Unless actually paid, a bill of lading cannot be requested from the carrier or its agent with the record that the freight has been paid in advance.
(c) Payment on delivery: The freight or part thereof payable at the port of destination pursuant to Box 13 does not accrue until the cargo has been delivered. In such a case, despite the provision in (a), the shipper may pay the freight on the delivered weight/amount, if the ship is notified before it berths and the weight/amount of the cargo is determined by an official weighing or joint water section measurement or scoreboard.
If requested, it provides an advance advance at the highest daily exchange rate for the ordinary expenses of the shipper at the loading port, with an additional condition of … (%…) in order to cover insurance and other expenses.
Article 5- Loading/unloading;
(a) Costs/Risks
The carrier brings, loads, stacks and/or straightens, keeps, fixes and/or immobilizes the tally, takes it from the warehouse and unloads it without any risk, responsibility and expense to the carrier. The shipper is responsible for the removal of the support icing following the unloading of the transported cargo in accordance with this contract, and pays the costs incurred based on this reason, and the time count continues until this icing is removed.
(b) Cranes
Unless the ship is without a crane or it is agreed that cranes will not be used, and unless this is stated in Box 15, the carrier makes the ship’s cranes available without any compensation during the loading/unloading activities and provides the energy required for this. Cranes will be in working condition. Unless caused by the fault of the stackers, the time lost due to crane failure or power outage – in proportion to the total cranes required for loading/unloading under this contract – is not counted against the starry and derailleur time. Upon request, it will provide operators for the use of cranes from among the carrying crew without any compensation. Where local legislation prevents this, shore-supplied workers will work for the shipper. Crane operators operate at the risk and responsibility of the shipper, and are considered as the auxiliary of the shipper as a stacker, on the other hand, they are always under the supervision of the captain.
(c) Damages caused by hoarders
The shipper is responsible for any damage (which cannot be considered as normal wear) caused by the stackers to any part of the ship. However, the shipper cannot be held responsible if the captain does not notify such a loss to the shipper or his agent and the stackers as soon as possible. The captain will endeavor to obtain a written document from the stacker regarding the acceptance of responsibility.
The shipper is obliged to repair any stowage damage before the voyage is completed, and to repair any stowage damage that affects the seaworthiness or class of the ship before the ship leaves the port where this has occurred or is determined. For this reason, all additional costs incurred shall be borne by the shipper, and due to lost time, the shipper shall pay the carrier over the derailleur unit.
Article 6- Starya time;
(a) Independent starya time for loading and unloading:
If the weather conditions allow, the cargo is loaded and unloaded in the number of uninterrupted days/hours specified in the 16. Box. If activities are carried out on Sundays and holidays, the time used will be counted, otherwise these days will not be taken into account.
(b) Joint starya time for loading and unloading:
If the weather conditions allow, the cargo is loaded and unloaded in the number of uninterrupted days/hours specified in the 16. Box. If working on Sundays and holidays, the time used will be counted, otherwise these days will not be taken into account.
(c) Beginning of Starya period (loading and unloading):
If the Starya time preparation notice is given until ….. hour …. If e is given within working hours after ….., the next working day will start at ….. To the shipper whose notice name is written in Box 17 at the port of loading, if there is no name here, to the shipper and to his agent whose name is written in Box 18; If it is a notice at the port of discharge, it is made to the sender, if this is unknown, to the shipper and his agent whose name is in Box 19.
If all the berths here are occupied at the time of the ship’s arrival at the loading/unloading port or its border, it can give a readiness notice within working hours whether the ship is in free practice or not, whether the customs clearance has been completed or not. If it is declared by the master that the ship is actually ready for loading/unloading, the starry and derailleur times will run as if the ship has berthed and is ready for loading/unloading in all respects. The time taken to reach the pick up location will not be counted from starya.
If at the end of the inspection it is determined that the ship is not ready for loading/unloading, the time from this moment until the ship is ready again will not be counted as starya.
Time used before the start of Starya time counts.
Indicate which of the alternatives (a) and (b) is selected in the box.
Article 7- Suraster;
The demurrage fee at the loading and unloading port to be paid by the Shipper is calculated on the unit specified in Box 20 and proportionally per day or for any fraction of the day as specified here. The invoice for the demurrage fee to be accrued per day is paid when it reaches the shipper; prompts for the payment to be made within the hour. If the demurrage fee is not paid at the end of this period, if the ship is at the loading port or is waiting outside this port, the carrier can terminate the contract at any time.
Article 8- Pledge clause;
Carrier has the right to pledge on all sub-carriage freight payable for cargo and cargo, including freight, dead-freight, demurrage fee, compensation rights for damages incurred and all expenses incurred for their collection due to all amounts accrued pursuant to this contract. has.
Article 9- Termination clause;
(a) If the ship is not ready for loading (whether berthed or not) on the termination date written in Box 21, the shipper has the right to terminate this contract.
(b) If, despite due diligence, the carrier believes that the ship will not be ready for loading on the date of termination, he shall without delay inform the shipper of the estimated date when the ship will be ready for loading and ask whether he will exercise his right of termination and accept a new date of termination.
The Shipper shall use the right of choice in this matter within … uninterrupted hours after receiving the notice of the bearer. If the shipper does not use his right of termination, this contract is deemed to have been amended and the day following the estimated date of preparation for loading specified in the notice of the carrier is accepted as the new termination date.
The rule in subclause (b) works only once and in case of further delay of the ship, the shipper has the right to terminate this contract in accordance with subclause (a).
Article 10- Bills of Lading;
Without prejudice to this contract, bills of lading are issued using the 1994 version of the “Congenbill” form and signed by the carrier’s agent, provided that the master or carrier has given a written authorization (this document is also sent to the shipper). The shipper shall indemnify the carrier for any consequences and responsibilities that occur in the event that the contractual liability of the carrier expands or changes due to the content and conditions of the signed bills of lading.
Article 11- Joint liability clause in case of conflict;
If the ship collides with another ship due to the fault or negligence of the captain, seafarer, pilot or the carrier’s assistants in the technical administration or administration, as well as the fault of the other ship; The persons concerned of the cargo transported in connection with this contract shall indemnify all the damages that the other vessel and its icing have paid or will pay or will deduct to them or the other vessel or the vessel carrying the cargo or its icings as part of the demand for its icing, in proportion to the loss or damage. and will take full responsibility.
The above provisions also apply to the carrier, operator or authorized persons of any other ship or ships or objects that cause collision or contact fault apart from or in addition to the ships in conflict.
Article 12- General average and new jason clause;
General average apportionment shall be made in London and in accordance with the York-Antwerp Rules of 1994 or a later version of these rules, unless otherwise agreed in Box 22. The share of general expenses falling on the cargo is paid by those who are related to the cargo, even if these expenses are caused by the fault or negligence of the carrier’s auxiliary persons.
If the general average allocation is to be made in accordance with American law and practice, the following clause becomes effective. Before or after the start of the journey; In case of an accident, danger, damage or disaster, the shipper, the consignee or the owner of the cargo, regardless of the reason, including fault will share with the carrier all sacrifices, losses and expenses that are in the nature of general average to be made or made and will pay the salvage-aid fee and special expenses falling to the share of the load. If the salvaging ship is owned or operated by the carrier, the salvage aid fee will be paid in full as if the ship or ships belonged to a foreign person. If requested, the amount of collateral deemed sufficient by the carrier or agency in terms of the approximate contribution to the load, rescue-aid fee and special costs will be provided by the cargo, the shipper, the consignee or the owner of the cargo before delivery.
Article 13- Tax and duty clause;
(a) Those belonging to the ship: The carrier pays all duties, expenses and taxes that fall on the ship according to custom, regardless of the amount determined.
(b) Those belonging to the cargo: Regardless of the amount determined, the shipper pays all debts, expenses and taxes that fall on the cargo according to the customs.
(c) Freight: Unless otherwise agreed in Box 23, freight taxes are paid by the shipper.
Article 14- Agency;
In any case, the carrier can determine its own agency for both the loading and unloading ports.
Article 15- Commission fee;
The rate specified in Box 24 of the entitled freight, dead freight and demurrage fee will be paid to the party specified here as commission fee. If the contract is not performed, the party causing it will pay at least /.. of the commission fee per the estimated freight amount to the broker in return for its costs and efforts. In cases where there is more than one trip, compensation is determined mutually.
Article 16- General strike clause;
(a) If the actual boarding of the cargo or a part of it is affected or hindered by a strike or lockout, at the moment when the ship is ready to depart from its last port to the loading port, or at any stage of the journey to the loading port or ports, or at the time of the ship’s arrival at the loading port. may ask the captain or the shipper to declare that he will treat the starya days as if there were no strikes or lockouts. Shipper shall do this in writing (if necessary by telegram) …. If it does not notify within the hour, the carrier has the right to terminate this contract. If a part of the cargo is loaded, the carrier has to start the journey with this cargo (freight is paid only on the loaded amount), but there is freedom to take other cargo on the way for his own account.
(b) The actual unloading of the cargo, or part of it, at the time the ship reaches the port of discharge or its border is affected or hindered by a strike or lockout, which is …. If it is not terminated within the hour, the shipper shall wait until the strike or lock-out ends, provided that the shipper pays half a derailleur fee after the end of the starya period to unload the ship, and after the strike and lock-out ends, the full courier fee is paid until the unloading is completed; since they reported the situation …. has the right to send the cargo to a safe port where it can be safely unloaded without the risk of strike or lockout within hours. If the cargo is delivered at such a port, the same amount of freight is incurred as if the unloading was made at the original port, without prejudice to the terms of the contract and bill of lading. Distance to the port determined later …. If it is more than nautical miles, the freight accrued on the cargo delivered here is increased at this rate.
Article 17- Risks of war (*Voywar 1993″);
(1) With regard to this clause
(a) The term “carrier” includes icing, the ship operating contractor, the sub-carrier, operator and other persons involved in the management of the ship, and the master.
(b) The term “risks of war” means any person, community, terrorist organization that, in the reasonable judgment of the master and/or carrier, is or is likely to be dangerous or could become dangerous to the ship, cargo, crew and other persons on board; any war, war movement, civil war, hostile attitude, revolution, insurrection, internal reciprocity, war-like movement, in which a political group or government of any level or form is a party (de facto existing or threatened to start) actually existing or reported) mine laying, piracy, hostile or malicious action, blockade (imposed against all ships or against ships flying certain flags, owners or certain cargoes or crews of certain nationalities).
(2) If at any time before the ship starts to take the cargo, if the fulfillment of this contract, according to the reasonable decision of the master and/or the carrier, could expose the ship, cargo, crew or other persons on board to the risks of war, the carrier may give notice of termination or the ship, cargo, expose the crew or other persons on board to the risks of war, or avoid performing the part that might leave it; however, if the port of loading or unloading is to be chosen from within a region pursuant to this contract, in case the ship, cargo, crew or other persons on board may face or are likely to face war risks at the port or ports determined by the shipper, the carrier will first of all make a commitment from the shipper in terms of loading and unloading. may request any other safe harbor designation from within the region in question, and the contract will be concluded only after this request reaches the shipper. if a safe harbor or ports are not determined within hours.
(3) In the event that the ship, cargo, crew or any of the persons on board may encounter one of the dangers specified in the first clause, according to the reasonable decision of the master and/or the carrier, after the loading has started or at any subsequent stage, the carrier continues the loading and signs the bill of lading. nor may the ship be required to start or continue a part of the journey, to pass through any channel or strait for this purpose, or to go to any port or place or remain there. In such a case, the carrier asks the shipper to designate a safe port for the unloading of the cargo or a part of it, and following its arrival to the shipper, …. If the shipper does not specify such a port within hours, the carrier may unload the cargo (including the port of loading) at any other port of his choice, in the sense of absolute performance of this carriage contract. If there is a difference of more than … miles between the actual unloading port and the contractual unloading port, (the contractual journey/additional journey distance ratio) determined by the application to the freight) has the right to demand the freight related to the additional journey and also the right of contractual pledge on the cargo to ensure the collection of the specified items.
(4) At any stage after the loading is unloaded, in accordance with the reasonable judgment of the master and/or the carrier, the ship, cargo, seafarers or other persons on board will be used for the fulfillment of the contract (including the strait or channel crossings) In the event that there is a possibility of encountering the dangers of war in some parts of it and the alternative route to the unloading port is longer, the carrier notifies the shipper that this route will be used. As a result, if the total additional distance is more than … miles, the carrier is entitled to the freight for the additional journey (determined by applying the contractual journey/additional travel distance ratio to the freight).
(5) Ship,
(a) Including instructions or advice given by the government of the State or any other government whose flag the flag is flying, or subject to the laws of, or by any authority or group competent to carry out its instructions or recommendations, regarding non-going or delayed departure to the port of unloading or going to another port. To comply with all orders, instructions or recommendations given on the issues such as the ports where the ship will be in order to carry out the loading / unloading activities during the fulfillment of the contract or the ports it will call during the journey, the route it will use and the regions it will pass;
(b) To comply with all orders, instructions or recommendations of insurance companies authorized under the terms of insurance against war risks;
(c) All the resolutions of the United Nations Security Council, all the instructions of the European Community, all the orders of any other supranational authority authorized in this regard, the legislation of the state to which the carrier is subject and to which it is obliged to comply, other organs in charge of execution. to obey orders and instructions,
(d) Unloading at any other port all or part of the cargo which may result in the confiscation of the ship due to smuggling;
(e) Calling at any other port for the purpose of replacing shipboard personnel or some or other persons on board who are anticipated to face detention, imprisonment or other sanctions;
(f) In cases where the cargo is not loaded or unloaded by the carrier pursuant to any provision of this clause, to take another cargo for the carrier’s account and to transport it to another port or ports located outside the normal and customary route or located in the opposite direction.
is free about it.
(6) (2) to (5) of this clause. If any matter is fulfilled or not fulfilled as a result of acting in accordance with the rules between clauses, this situation will not be considered as a deviation, but as a proper performance of this contract.
Article 18- General ice clause;
Loading Port
(a) If it is not possible to enter here at any time when the ship is ready for the journey from the last port to the loading port or at any time of the journey or when the ship reaches the loading port due to icing, or if frost begins after the ship arrives here, if there is a frost concern, the captain should leave this place without taking the load. and in this case the contract will be void.
(b) According to the master, if it is necessary to leave the port with the amount that can be loaded in order to prevent the ship from being stuck in the port due to icing during loading, he himself leaves here and goes to any port or ports in order to receive cargo for the carrier’s account to any other port or places left empty to be transported to the ports. is free to go. Without prejudice to the other terms of the contract, the partial cargo received in accordance with this contract is delivered to the destination, at the ship’s expense and without any additional expense from the shipper, in return for the freight calculated according to the amount of cargo delivered (in case of lump-sum freight).
(c) If there is more than one loading port and one or more of them are closed due to icing, the captain or the carrier loads the partial load at the open port and takes the load on the account of the carrier to the empty places as specified in (b), or the shipper at the open port. is free to declare the contract null and void if it does not agree to bear the full burden.
Unloading Port
(a) If the ship cannot reach the unloading port due to icing, the consignee has to wait until the derailer clears the place for a fee, or after the master or the carrier notifies the icing situation …. has the right to ship within hours to a safe and immediately accessible port where the cargo can be safely unloaded without risk of icing.
(b) If, according to the master, it is necessary to leave the port with the remaining amount in order to prevent the ship from being stuck in the port due to icing during unloading, he is free to leave the port and go to the nearest accessible port where the cargo can be safely unloaded.
(c) If the cargo is delivered at such a port, a separate amount of freight is incurred as if the unloading took place at the original port, without prejudice to the terms of the bill of lading. Distance to the port determined later …. If it is more than nautical miles, the freight accrued on the cargo delivered here is increased at this rate.
Article 19- The applicable law and arbitration;
(a) This contract will be governed by the law of .. and construed accordingly; In the event that a dispute arises from this contract, in connection with the arbitration law dated …… or their legal amendment or replacement legislation, …… will also be subject to arbitration. If the parties cannot agree on a single arbitrator, each party will choose one arbitrator and the arbitrators thus determined will choose the third arbitrator, so the decision of the tribunal or a decision by a majority will be final. From the receipt of a letter from one party stating that it has designated the arbitrator, the other party …. will determine its own arbitrator within the same day, otherwise the decision of the designated single arbitrator will be final. If the compensation claimed by any of the parties does not exceed the amount specified in Box 25, the arbitration shall be held within the framework of the limited compensation procedure regulated by the Association of Maritime Arbitrators.
(b) This contract ……………………………. shall be subject to and construed accordingly, if a dispute arises from this contract, the subject ………. will be taken to the three referees in here, each party will appoint an arbitrator and the third will be chosen by such appointed arbitrators, the decision or majority decision will be final and this agreement will be considered by the court during the execution of the decision. The rules of the Maritime Arbitrators Association shall be governed by the procedure. If the compensation claimed by either party does not exceed the amount specified in Box 25, arbitration will be conducted under the abbreviated arbitration procedure established by the Association of Maritime Arbitrators.
(c) Any dispute arising out of this contract shall be subject to arbitration where indicated in Box 25 and in accordance with the rules of procedure applicable herein. 25. The legislation of the place shown in the box is valid for this contract.
(d) 25. If the first part of Box 25 is not filled, item (a) of this clause applies.
(a), (b) and (c) are alternatives and Box 25 shows which one is accepted.
If there is no information in the first part of the box, this term loses its validity, but the other terms of this clause continue to be effective in all respects and continue to be valid.
Name and surname of the Carrier Name and surname of the Shipper
Signature Signature
Stamp Stamp
