STS/ Lighterage Operations Clauses
7 July 2023
INTERTANKO STS/Lighterage Operations Clause – Time Charter
1. Charterers have the right to order Owners to load and/or discharge the Vessel by lighterage or other ship-to-ship transfer operations (collectively “STS”) at any safe and lawful place permitted by the charterparty. Owners warrant that the Vessel is capable of carrying out STS in accordance with the Ship to Ship Transfer Guide for Petroleum, Chemicals and Liquefied Gases, 2013 jointly published by CDI, ICS, OCIMF and SIGTTO, as amended from time to time (the ‘OCIMF Guidelines’). The “STS Period” shall be all time from the arrival of the Vessel at the location of the STS until the Vessel is ready to proceed on her voyage.
2. Charterers:
(a) warrant that any order to STS will only be in compliance with the OCIMF Guidelines;
(b) warrant that the proposed other vessel(s) to be engaged with the Vessel in STS shall be in all respects seaworthy and capable of carrying out the STS; and
(c) shall provide Owners with the IMO number and a completed Q88 for each proposed STS vessel together with any further information Owners may reasonably require, including but not limited to its owners (including beneficial owners), operators, manager, charterers, P&I and Hull and Machinery insurance cove or other matters as referred to in the INTERTANKO Standard Sanctions Questionnaire for STS/Lightering.
3. Without prejudice to any other provisions of this charterparty, Owners have the right to reject any proposed STS where:
(i) in the Owners’ reasonable judgment, either the proposed STS vessel(s) or its owners (including beneficial owners), operators, manager or charterers, or the STS, may be subject to sanctions or restrictions imposed by any State, or supranational governmental organisation; or
(ii) the proposed STS vessel(s) has failed to transmit its AIS for any unexplained reason; or
(iii) Owners have concerns regarding the accuracy of the declared cargo origin or end destination of the cargo; or
(iv) the information requested under 2(c) is not provided to Owners’ reasonable satisfaction.
4. Charterers shall arrange and pay for:
(i) adequate (and certified as necessary) fendering, hoses, securing and mooring equipment, and any other lighterage equipment and personnel required for such operations as per the OCIMF guidelines and MARPOL Annex 1; and
(ii) any additional personnel and/or equipment reasonably requested by the Master.
5. Charterers shall obtain any necessary permissions to perform the STS from the relevant authorities. Charterers shall reimburse Owners for any additional insurance premiums payable in respect of the STS.
6. Notwithstanding any other provision of this charterparty, if, at any stage before or during the STS, the Master, in his reasonable judgment, considers such operations to be unsafe for any reason, including but not limited to the adequacy of fendering or mooring equipment provided, the weather, visibility, night-time, and sea conditions, the condition of the other STS vessel(s) involved and the competence of their crew (including but not limited to compliance with rest hour requirements for the crew), he may refuse or order immediate suspension of same. Time to count without interruption.
7. Charterers agree to indemnify Owners in respect of any liabilities, losses or costs arising out of or related to the STS or their suspension.
8. Any speed and performance and pumping warranties shall not apply during the STS Period.
INTERTANKO STS/Lighterage Operations Clause – Voyage Charter
1. Charterers have the right to order Owners to load and/or discharge the Vessel by lighterage or other ship-to-ship transfer operations (collectively “STS”) at any safe and lawful place permitted by the charterparty. Owners warrant that the Vessel is capable of carrying out STS in accordance with the Ship to Ship Transfer Guide for Petroleum, Chemicals and Liquefied Gases, 2013 jointly published by CDI, ICS, OCIMF and SIGTTO, as amended from time to time (the ‘OCIMF Guidelines’). The “STS Period” shall be all time from the arrival of the Vessel at the location of the STS (regardless of whether NOR is tendered or not) until the Vessel proceeds on her voyage following the STS.
2. Charterers:
(a) warrant that any order to STS will only be in compliance with the OCIMF Guidelines;
(b) warrant that the proposed other vessel(s) to be engaged with the Vessel in STS shall be in all respects seaworthy and capable of carrying out the STS; and
(c) shall provide Owners with the IMO number and a completed Q88 for each proposed STS vessel together with any further information Owners may reasonably require, including but not limited to its owners (including beneficial owners), operators, manager, charterers, P & I and Hull and Machinery insurance cove or other matters as referred to in the INTERTANKO Standard Sanctions Questionnaire for STS/Lightering.
3. Without prejudice to any other provisions of this charterparty, Owners have the right to reject any proposed STS where:
(i) in the Owners’ reasonable judgment, either the proposed STS vessel(s) or its owners (including beneficial owners), operators, manager or charterers, or the STS, may be subject to sanctions or restrictions imposed by any State, or supranational governmental organisation; or
(ii) the proposed STS vessel(s) has failed to transmit its AIS for any unexplained reason; or
(iii) Owners have concerns regarding the accuracy of the declared cargo origin or end destination of the cargo; or
(iv) the information requested under 2 (c) is not provided to Owners’ reasonable satisfaction.
4. Charterers shall arrange and pay for:
(i) adequate (and certified as necessary) fendering, hoses, securing and mooring equipment, and any other lighterage equipment and personnel required for such operations as per the OCIMF guidelines and MARPOL Annex 1; and
(ii) any additional personnel and/or equipment reasonably requested by the Master.
5. Charterers shall obtain any necessary permissions to perform the STS from the relevant authorities. Charterers shall reimburse Owners for any additional insurance premiums payable in respect of the STS.
6. Notwithstanding any other provision of this charterparty, if, at any stage before or during the STS, the Master, in his reasonable judgment, considers such operations to be unsafe for any reason, including but not limited to the adequacy of fendering or mooring equipment provided, the weather, visibility, night-time, and sea conditions, the condition of the other STS vessel(s) involved and the competence of their crew (including but not limited to compliance with rest hour requirements for the crew), he may refuse or order immediate suspension of same. Time to count without interruption.
7. Charterers agree to indemnify Owners in respect of any liabilities, losses or costs arising out of or related to the STS or their suspension.
8. Notwithstanding any other provision in this charterparty:
(a) all time used during the STS Period shall count as laytime or time on demurrage, without any exceptions to apply and whether or not such operations are discontinued provided such discontinuance is not caused by Vessel breakdown. Any time relating to the procurement or return of equipment or personnel required under sub-clause 3 will be compensated at the demurrage rate.
(b) if Vessel is fixed on Worldscale, any costs not covered in the flat rate to be for charterers’ account. If Vessel is fixed on lumpsum, any port costs for STS should be for charterers account unless it is provided otherwise in the c/p.
(c) Pumping warranties shall not apply during the STS Period.
