NYPE46(土产格式)中英对照版本

NYPE46(土产格式)中英对照版本 Time CharterGOVERNMENT FORMApproved by the New York Produce ExchangeNovember 6th 1913Amended October 20th 1921 August 6th 1931 October 3rd 19461 THIS CHARTER PARTY made and concluded in day of 192 Between 3 Owners of the good SteamshipMotorshipof 4 oftons gross register and tons net register having engines of indicated horse power5 and with hull machinery and equipment in a thoroughly efficient state6 and classed6 at of about cubic feet bale capacity and abouttons of 2240 Ibs7 deadweight capacity cargo and bunkers including fresh water and stores together not exceeding one and one-half per cent of ships deadweight capacity8 allowing a minimum of fifty tons on a draft of feet inches on Summer freeboard inclusive of permanent bunkers9 which are of the capacity of about tons of fuel and capable of steaming fully laden under good weather10 conditions about knots on a consumption of about tons of best Welsh coalbest grade fuel oilbest grade Diesel oil11 now 12 andCharterers of the City of13 WITNESSETH That the said Owners agree to let and the said Charterers agree to hire the said vessel from the time of delivery for14 about 15 within below mentioned trading limits16 Charterers to have liberty to sublet the vessel for all or any part of the time covered by this Charter but Charterers remaining responsible for17 the fulfillment of this Charter Party18 Vessel to be placed at the disposal of the Charterers at19 20 in such dock or at such wharf or place where she may safely lie always afloat at all times of tide except as otherwise provided in clause No6 as21 the Charterers may direct If such dock wharf or place be not available time to count as provided for in clause No 5 Vessel on her delivery to be22 ready to receive cargo with clean-swept holds and tight staunch strong and in every way fitted for the service having water ballast winches and23 donkey boiler with sufficient steam power or if not equipped with donkey boiler then other power sufficient to run all the winches at one and the same24 time and with full complement of officers seamen engineers and firemen for a vessel of her tonnage to be employed in carrying lawful merchant-25 dise including petroleum or its products in proper containers excluding26 vessel is not to be employed in the carriage of Live Stock but Charterers are to have the privilege of shipping a small number on deck at their risk27 all necessary fitting and other requirements to be for account of Charterers in such lawful trades between safe port andor ports in British North28 America andor United States of America andor West Indies andor Central America andor Caribbean Sea andor Gulf of Mexico andor29 Mexico andor South America andor Europe30 andor Africa andor Asia andor Australia andor Tasmania andor New Zealand but excluding Magdalena River River St Lawrence between31 October 31st and May 15th Hudson Bay and all unsafe ports also excluding when out of season White Sea Black Sea and the Baltic 32 33 34 35 as the Charterers or their Agents shall direct on the following conditions36 1That the owners shall provide and pay for all provisions wages and Consular shipping and discharging fees of the crew shall pay for the37 insurance of the vessel also for all the cabin deck engine-room and other Necessary stores including boiler water and maintain her class and keep38 the vessel in a thoroughly efficient state in hull machinery and equipment for and during the service39 2That the Charterers shall provide and pay for all the fuel except as otherwise agreed Port charges Pilotages Agencies Commissions40 Consular charges except those pertaining to the Crew and all other usual expenses except those before stated but when the vessel puts into41 a port for causes for which vessel is responsible then all such charges incurred shall be paid by the Owners Fumigations ordered because of42 illness of the crew to be for Owners account Fumigations ordered because of cargoes carried or ports visited while vessel is employed under this43 Charter to be for Charterers account All other fumigations to be for Charterers account after vessel has been on charter for a continuous period44 of six months or more45 Charterers are to provide necessary dunnage and shifting boards also any extra fittings requisite for a special trade or unusual cargo but46 Owners to allow them the use of any dunnage and shifting boards already aboard vessel Charterers to have the privilege of using shifting boards47 for dunnage they making good any damage thereto48 3That the Charterers at the port of delivery and the owners at the port of re-delivery shall take over and pay for all fuel remaining on49 board the vessel at the current prices in the respective ports the vessel to be delivered with not less than tons and not more than 50 tons and to be re-delivered with not less than tons and not more thantons51 4That the charterers shall pay for the use and hire of the said vessel at the rate of 52 United States currency per ton on vessels total deadweight carrying capacity including bunkers and53 stores onsummer freeboard per calendar Month commencing on and from the day of delivery as aforesaid and at54 and after the same rate for any part of a month hire to continue until the hour of the day of her re-delivery in like good order and condition ordinary55 wear and tear excepted to the owners unless lost at 56 unless otherwise mutually agreed Charterers are to give owners not less than days 57 notice of vessels expected date of re delivery and probable port58 5Payment of said hire to be made in New York in cash in United States Currency semi-monthly in advance and for the last half moth or59 part of same the approximate amount of hire and should same not cover the actual time hire is to be paid for the balance day by day as it becomes60 due If so required by Owners unless bank guarantee or deposit is made by the Charterers otherwise failing the punctual and regular payment of the61 hire or bank guarantee or on any breach of this charter party the Owners shall be at liberty to withdraw the vessel from the service of the Char-62 terers without prejudice to any claim they the owners may otherwise have on the Charterers Time to count from 7 am on the working day63 following that on which written notice of readiness has been given to Charterers or their Agents before 4 pm but if required by Charterers they64 to have the privilege of using vessel at once such time used to count as hire65 Cash for vessels ordinary disbursements at any port may be advanced as required by the captain by the Charterers or their agents subject to66 2 commission and such advances shall be deducted from the hire The Charterers however shall in no way be responsible for the application67 Of such advances68 6That the cargo or cargoes be laden andor discharged in any dock or at any wharf or place that Charterers or their agents may69 direct provided the vessel can safely lie always afloat at any time of tide Except as such places where it is customary for similar size vessels to safely70 lie aground71 7That the whole reach of the Vessels Hold Decks and usual places of loading not more than she can reasonably stow and carry also72 accommodations for Supercargo if carried shall be at the Charterers disposal reserving only proper and sufficient space for Ships officers crew73 tackle apparel furniture provisions stores and fuel Charterers have the privilege of passengers as far as accommodations allow Charterers74 paying Ownersper day per passenger for accommodations and meals However it is agreed that in case any fines or extra expenses are75 incurred in the consequence of the carriage of passengers Charterers are to bear such risk and expense76 8That the Captain shall prosecute his voyages with the utmost despatch and shall render all customary assistance with ships crew and77 boats The Captain although appointed by the Owners shall be under the orders and directions of the Charterers as regards employment and78 agency and Charterers are to load stow and trim the cargo at their expense under the supervision of the Captain who is to sign Bills of Lading for79 cargo as presented in conformity with Mates or Tally Clerks receipts80 9That if the Charterers shall have reason to be dissatisfied with the conduct of the Captain Officers or Engineers the Owners shall on81 receiving particulars of the complaint investigate the same and if necessary make a change in the appointments82 10 That the Charterers shall have permission to appoint a Supercargo who shall accompany the vessel and see that voyages are prosecuted83 with the utmost despatch He is to be furnished with free accommodation and same fare as provided for Captains table Charterers paying at the84 rate of 100 per day Owners to victual Pilots and Customs Officers and also when authorized by Charterers or their Agents to victual Tally85 Clerks Stevedores Foreman etc Charterers paying at the current rate per meal for all such victualling86 11 That the Charterers shall furnish the Captain from time to time with all requisite instructions and sailing directions in writing and the87 Captain shall keep a full and correct Log of the voyage or voyages which are to be patent to the Charterers or their Agents and furnish the Char-88 terers their Agents or Supercargo when required with a true copy of daily Logs showing the course of the vessel and distance run and the con-89 sumption of fuel90 12That the Captain shall use diligence in caring for the ventilation of the cargo91 13 That the Charterers shall have the option of continuing this charter for a further period of92 93 on giving written notice thereof to the Owners or their Agents days previous to the expiration of the first-named term or any declared option94 14 That if required by Charterers time not to commence beforeand should vessel95 not have given written notice of readiness on or before but not later than 4 pm Charterers or96 their Agents to have the option of cancelling this Charter at any time not later than the day of vessels readiness97 15 That in the event of the loss of time from deficiency of men or stores fire breakdown or damages to hull machinery or equipment98 grounding detention by average accidents to ship or cargo drydocking for the purpose of examination or painting bottom or by any other cause99 preventing the full working of the vessel the payment of hire shall cease for the time thereby lost and if upon the voyage the speed be reduced by100 defect in or breakdown of any part of her hull machinery or equipment the time so lost and the cost of any extra fuel consumed in consequence101 thereof and all extra expenses shall be deducted from hire102 16 That should the Vessel be lost money paid in advance and not earned reckoning from the date of loss or being last heard of shall be103 returned to the Charterers at once The act of God enemies fire restraint of Princes Rulers and People and all dangers and accidents of the Seas104 Rivers Machinery Boilers and Steam Navigation and errors of Navigation throughout this Charter Party always mutually excepted105 The vessel shall have the liberty to sail with or without pilots to tow and to be towed to assist vessels in distress and to deviate for the106 purpose of saving life and property107 17 That should any dispute arise between Owners and the Charterers the matter in dispute shall be referred to three persons at New York108 one to be appointed by each of the parties hereto and the third by the two so chosen their decision or that of any two of them shall be final and for109 the purpose of enforcing any award this agreement may be made a rule of the Court The Arbitrators shall be commercial men110 18 That the Owners shall have a lien upon all cargoes and all sub-freight for any amounts due under this Charter including General Aver-111 age contributions and the Charterers to have a lien on the Ship for all monies paid in advance and not earned and any overpaid hire or excess deposit112 to be returned at once Charterers will not suffer nor permit to be continued any lien or encumbrance incurred by them or their agents which113 might have priority over the title and interest of the owners in the vessel114 19 That all derelicts and salvage shall be for Owners and Charterers equal benefit after deducting Owners and Charterers expenses and115 Crews proportion General Average shall be adjusted stated and settled according to Rules 1 to 15 inclusive 17 to 22 inclusive and Rule F of116 York-Antwerp Rules 1924 at such port or place in the United States as may be selected by the carrier and as to matters not provided for by these117 Rules according to the laws and usages at the port of New York In such adjustment disbursements in foreign currencies shall be exchanged into118 United States money at the rate prevailing on the dates made and allowances for damage to cargo claimed in foreign currency shall be converted at119 the rate prevailing on the last day of discharge at the port or place of final discharge of such damaged cargo from the ship Average agreement or120 bond and such additional security as may be required by the carrier must be furnished before delivery of the goods Such cash deposit as the carrier121 or his agents may deem sufficient as additional security for the contribution of the goods and for any salvage and special charges thereon shall if122 required be made by the goods shippers consignees or owners of the goods to the carrier before delivery Such deposit shall at the option of the123 carrier be payable in United States money and be remitted to the adjuster When so remitted the deposit shall be held in a special account at the124 place of adjustment in the name of the adjuster pending settlement of the General Average and refunds or credit balances if any shall be paid in125 United States money126 In the event of accident danger damage or disaster before or after commencement of the voyage resulting from any cause whatsoever127 whether due to negligence or not for which or for the consequence of which the carrier is not responsible by statute contract or otherwise the128 goods the shipper and the consignee jointly and severally shall contribute with the carrier in general average to the payment of any sacrifices129 losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the130 goods If a salving ship is owned or operated by the carrier salvage shall be paid for as fully and in the same manner as if such salving ship or ships131 belonged to strangers132 Provisions as to General Average in accordance with the above are to be included in all bills of lading issued hereunder133 20 Fuel used by the vessel while off hire also for cooking condensing water or for grates and stoves to be agreed to as to quantity and the134 cost of replacing same to be allowed by Owners 2135 21 That as the vessel may be from time to time employed in tropical waters during the term of this Charter Vessel is to be docked at a136 convenient place bottom cleaned and painted whenever Charterers and Captain think necessary at least once in every six months reckoning from137 time of last painting and payment of the hire to be suspended until she is again in proper state for the service 138 139 140 22 Owners shall maintain the gear of the ship as fitted providing gear for all derricks capable of handling lifts up to three tons also141 providing ropes falls slings and blocks If vessel is fitted with derricks capable of handling heavier lifts Owners are to provide necessary gear for142 same otherwise equipment and gear for heavier lifts shall be for Charterers account Owners also to provide on the vessel lanterns and oil for143 night work and vessel to give use of electric light when so fitted but any additional lights over those on board to be at Charterers expense The144 Charterers to have the use of any gear on board the vessel145 23 Vessel to work night and day if required by Charterers and all winches to be at Charterers disposal during loading and discharging146 steamer to provide one winchman per hatch to work winches day and night as required Charterers agreeing to pay officers engineers winchmen147 deck hands and donkeymen for overtime work done in accordance with the working hours and rates stated in the ships articles If the rules of the148 port or labor unions prevent crew from driving winches shore Winchmen to be paid by Charterers In the event of a disabled winch or winches or149 insufficient power to operate winches Owners to pay for shore engine or engines in lieu thereof if required and pay any loss of time occasioned150 thereby151 24 It is also mutually agreed that this Charter is subject to all the terms and provisions of and all the exemptions from liability contained152 in the Act of Congress of the United States approved on the 13th day of February 1893 and entitled An Act relating to Navigation of Vessels153 etc in respect of all cargo shipped under this charter to or from the United States of America It is further subject to the following clauses both154 of which are to be included in all bills of lading issued hereunder155 USA Clause Paramount156 This bill of lading shall have effect subject to the provisions of the Carriage of Goods by Sea Act of the United States approved April157 16 1936 which shall be deemed to be incorporated herein and nothing herein contained shall be deemed a surrender by the carrier of158 any of its rights or immunities or an increase of any of its responsibilities or liabilities under said Act If any term of this bill of lading159 be repugnant to said Act to any extent such term shall be void to that extent but no further160 Both-to-Blame Collision Clause161 If the ship comes into collision with another ship as a result of the negligence of the other ship and any act neglect or default of the162 Master mariner pilot or the servants of the Carrier in the navigation or in the management of the ship the owners of the goods carried163 hereunder will indemnify the Carrier against all loss or liability to the other or non-carrying ship or her owners in so far as such loss164 or liability represents loss of or damage to or any claim whatsoever of the owners of said goods paid or payable by the other or non-165 carrying ship or her owners to the owners of said goods and set off recouped or recovered by the other or non-carrying ship or her166 owners as part of their claim against the carrying ship or carrier167