NYPE 93合同范本.docx

1、NYPE 93合同范本NYPE 93 The New York Produce Exchange Time Charter - Revised 14 September 1993(Printed in BIMCO Bulletin No. 6, 1993)General BackgroundThe New York Produce Exchange Time Charter (hereinafter referred to as the NYPE) was first published by the New York Produce Exchange in 1913 although, as

2、 far as can be determined, the substance of the form was in use much earlier but probably with another title.Under the auspices of the New York Produce Exchange, the NYPE has been amended from time to time, i.e., in 1921, in 1931 and in 1946.In the period after World War II, the New York Produce Exc

3、hange declined as a commodity exchange and in the late 1960s or early 1970s the Produce Exchange disbanded and its functions were taken over by what was known as the International Commodity Exchange which, it is understood, is now defunct or inactive.With no up-dating or amendment to the NYPE since

4、1946, a first attempt to modernise the charter was initiated by The Association of Ship Brokers & Agents (U.S.A.), Inc. (ASBA), New York in 1977. During the revision work ASBA undertook a wide consultation with interested parties including The Baltic and International Maritime Council (BIMCO) and Th

5、e General Council of British Shipping (now The Chamber of Shipping).In pursuance of this initiative, it was the wish of ASBA not to produce an entirely new form but to amend the 1946 Form by incorporating the changes which were then most frequently being made in the negotiating of time charters in t

6、he market place. Next to this, ASBA decided that clauses only occasionally negotiated should not be included in the revised form, but would be placed in an attached Rider of Suggested Additional Clauses some or all of which might then be added to the basic charter when so agreed by the parties invol

7、ved in a particular fixture.The revised form, known as the ASBATIME was published by ASBA in 1981 but gained only limited acknowledgment and use in the market place. Although ASBA had hoped that the technique adopted in the ASBATIME 1981 by making available a comprehensive list of suggested, optiona

8、l clauses in the attached printed Rider would help to combat the Rider Syndrome so inherent to the NYPE 1946 form, the market continued to use the old NYPE 1946 with an ever-increasing number of home-made, often badly drafted rider clauses, many of which appeared to have been hastily drafted during

9、late afternoon rush hours and, as a result, causing numerous disputes. Many examples of executed NYPE 1946 forms have shown that, in a great many instances, very little of the printed text is left intact because of numerous deletions and amendments combined with sometimes up to 40-50, if not more, r

10、ider clauses. It is, therefore, not surprising that over the years the charter parties agreed on the NYPE 1946 form have been the subject of a drastic increase in litigation and arbitration.On this background and recognising the importance of the NYPE as the most commonly used time charter form for

11、dry cargo vessels, the Chartering and Documentary Committee of ASBA decided in 1992, in co-operation with The Baltic and International Maritime Council (BIMCO) and the Federation of National Associations of Ship Brokers and Agents (FONASBA), to undertake a general revision of the NYPE/ASBATIME Chart

12、er, taking into account changes in market practices and ships types etc. which had taken place since the latest revision and, thereby, hopefully produce a workable and up-to-date form which would be endorsed in the market place and which would assist the parties in their day-to-day business transact

13、ions.In pursuance of this objective, a Joint Working Group consisting of representatives from ASBA, BIMCO and FONASBA has since been working closely together. Throughout the preparatory revision work great efforts have been made to revise the charter in such a manner so as to strike a fair balance b

14、etween the parties; where shortcomings and uncertainties existed, to try to clarify the document by use of apt words and recognised trade terminology; to improve the structure of the charter in order to facilitate reading and general overview; to integrate into the basic form of the charter such cla

15、uses which are already commonly added in a Rider in order to reduce the scope of disputes so often arising from badly drafted rider clauses and to introduce such changes as deemed necessary to conform to modern customs and modern ship technology. In this connection, a number of the Rider Clauses sug

16、gested in the ASBATIME Rider of Suggested Additional Clauses has now been incorporated in the printed body of the revised Charter; other clauses represent a new approach to long-standing problems and new clauses have been added such as, for instance, an Anti-Drug Abuse Clause and a Stowaways Clause

17、comparable to those often added to many proforma NYPE Charters used by major charterers.The revision work has now been completed and the resulting revised New York Produce Exchange Time Charter, Code Name: NYPE 93, marked Revised September 14th, 1993 has been officially approved by the Board of Gove

18、rnors of ASBA and has been adopted by the Documentary Committee of BIMCO as a Recommended form; similarly, the charter has been adopted by the Chartering and Documentary Committee of FONASBA.Explanatory Notes on ClausesPreambleTo conform to modern ship technology, a reference to GT has been added.It

19、 is left to the parties to fill in the actual figure agreed in respect of maximum force on the Beaufort wind scale depending on the size and type of vessel and her engine power.In the Preamble as well as in various other places in the charter, it is necessary to specify whether long or metric tons w

20、hich is also important in relation to the rate of hire (Clause 10) if fixed per ton on the vessels total deadweight carrying capacity.An Appendix A has been provided for filling-in such further details of the vessel as may be required. It is of particular importance to insert in Appendix A a full sp

21、ecification of the bunker fuel oil to be supplied for burning in the vessels main engines and auxiliaries (for further comments on this subject see also comments on Clause 9 below).Clause 1 - DurationTo avoid recurring disputes on the duration of charter, it is recommended to specify clearly the exa

22、ct period of hire with any margin, if also agreed.Clause 2 - DeliveryThe NYPE 1946 provided in Line 22 for the vessel to be in every way fitted for the service. This was amended in the ASBATIME 1981 revision to read in every way fitted for ordinary cargo service which was found to be clearer and has

23、, therefore, been maintained in the NYPE 93.Clause 3 - On-Off Hire SurveyWhereas the NYPE 1946 Charter contained no On-Off Hire Survey Clause, such clause was included as an optional clause in the ASBATIME Rider of Suggested Additional Clauses.This clause has now been incorporated in the NYPE 93 and

24、 has been clarified to take into account, inter alia, the fact that nowadays vessels are often delivered/re-delivered during sea passage or on arrival/departure pilot station where no such surveys can be conducted.Clause 4 - Dangerous Cargo/Cargo ExclusionsInstead of a blanket exclusion of dangerous

25、 cargoes as found in the NYPE 1946, Line 25, this clause follows the corresponding clause in the ASBATIME 1981 which permits the carriage of dangerous cargo if carried in accordance with the requirements of relevant authorities but still excludes the carriage of livestock, arms, ammunition, explosiv

26、es, as well as nuclear and radioactive materials (sub-clause (a).Recognising that many hull insurance policies put a limit on the amount of dangerous cargo to be carried on any voyage, new provisions have been included (sub-clause (b) which, if IMO - classified cargo is agreed to be carried, require

27、 the parties to agree and fill in the maximum amount of such cargo; the clause also gives clear rules as to the packing, labelling, loading and stowing of such cargo according to IMO regulations.Clause 5 - Trading LimitsThe printed provisions in the NYPE 1946 (Lines 27-31) specifying trading areas a

28、nd limits are obsolete and often amended in practice. This was changed in the ASBATIME 1981 leaving it to the parties to specify the agreed trading limits and excluded areas. The NYPE 93 also provides accordingly.Clause 6 - Owners to ProvideandClause 7 - Charterers to ProvideThese clauses, which are

29、 common in all time charter party forms, remain essentially the same as in the ASBATIME 1981, with some minor revision of wording.Clause 8 - Performance of VoyagesThis clause, whilst keeping the basic owners/charterers division of responsibility for cargo, has been clarified in order to remove uncer

30、tainties existing in Clause 8 of the NYPE 1946 including its serious shortcoming of omitting any reference to discharge which, therefore, is usually being type-added in practice. In the ASBATIME 1981 (Clause 8), instead of describing charterers cargo responsibilities in terms of an obligation to loa

31、d, stow and trim as found in the NYPE 1946, the clause provides that the charterers are to perform all cargo handling. This provision which encompasses the previously described functions (including discharge as omitted in the NYPE 1946) has been kept in the NYPE 93 and does not, as said, alter the b

32、asic owners/charterers division of responsibility for cargo in the original NYPE 1946.Both the NYPE 1946 and the ASBATIME 1981 contain provisions regarding signing of bills of lading, etc., which, it has been found to be somewhat misplaced in a clause which basically deals with the performance of the voyage. Provisions covering the signing of bills of lading, etc. are now found in a self-standing clause (Clause 30) for comments on which see below.Clause 9 - Bunkers