30 July 2013
INTERTANKO Blending Clause
- Charterers shall have the option of instructing the vessel to blend cargoes on board the vessel provided that such blending operations:
(a) can be performed in accordance with all applicable laws, rules and regulations
(b) are not contrary to the recommendations of the vessel’s flag state or any other relevant authority
(c) are not determined by the Master or Owners to be unsafe.
- All expenses and costs incurred in connection with such blending, including the cost of bunkers consumed, shall be for the Charterers’ account.
(a) Charterers shall, before the commencement of loading of any cargo and after any blending of cargoes, provide the master with a Material Safety Data Sheet (MSDS) which shall contain safety, handling and environmental information in accordance with the requirements and recommendations of IMO Resolution MSC 286 (86).
(b) Charterers shall produce and deliver to Owners all original bills of lading issued in respect of the cargoes loaded by the vessel prior to blending.
(c) Owners shall on completion of blending sign new bills of lading for the blended cargo containing a full and accurate description of the cargo, together with the dates and places of shipment and description and quantities of the cargoes which have been blended.
- Charterers hereby undertake:
(a) to indemnify Owners and to hold Owners harmless in respect of any liability, loss or damage of whatever nature, including but not limited to, any liability in connection with change of quantity, quality and pumpability, which Owners may sustain by reason of blending cargoes on board the vessel and/or in issuing new bills of lading in connection therewith
(b) in the event of any proceedings being commenced against Owners in connection with the blending of cargoes as aforesaid and/or issuing of new bills of lading in connection therewith, to provide Owners from time to time on demand, with sufficient funds to defend the same
(c) if, in connection with the blending of cargoes as aforesaid and/or issuing of new bills of lading in connection therewith, the vessel or any other vessel or property belonging to the Owner should be arrested or detained or, if the arrest or detention thereof should be threatened, promptly to provide Owners on demand with such bail or other security as may be required to prevent such arrest or detention, or to secure the release of such vessel or property and to indemnify Owners in respect of any loss, damage or expenses caused by such arrest or detention, whether or not the same be justified.
- In addition to the foregoing undertakings by the Charterers, Owners shall in any event have the option to require a Letter of Indemnity from an entity acceptable to Owners in wording including the provisions of Sub-clause 3 before complying with Charterers’ orders to blend cargoes on board.
- [Voyage charterers only: Charterers shall pay compensation at the demurrage rate for all additional time spent as a result of the exercise of the option under Sub-clause 1 without any deduction whatsoever.]