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INTERTANKO Time Charter Storage/Prolonged Stay Clause
6 May 2020
INTERTANKO Time Charter Storage/ Prolonged Stay Clause
1. Charterers shall have the option of using the vessel for storage at a safe place, the location to be agreed between Owners and Charterers, for a single period not to exceed XXX continuous days or, in Charterers’ option, a cumulative period not to exceed XXX days within a YYY day consecutive period*(the ‘Storage Period’). The vessel may, during the Storage Period, remain at anchor or adrift at Master’s discretion.
*{if no period is agreed the default single period shall be 18 days and the cumulative period shall be 60 days}
2. During the Storage Period, Owners shall have the discretion to drift or sail at or to leave the agreed location for reasons including, but not limited to, safety, weather conditions, activation of anti-fouling and other systems, in accordance with any orders or advice from Port State Control or similar authorities and/or to comply with their obligations under this charterparty. Should the vessel shift to a berth or alternative anchorage other than agreed in sub-clause 1 to take on bunkers, fresh water, fresh provisions, spares, crew change, or for any other reason whatsoever, all costs incurred in shifting the Vessel, including bunkers consumed, shall be for Charterers’ account and Charterers shall reimburse Owners in full for all such costs. Vessel to remain on hire.
3. Unless the Storage Period provides opportunities for SIRE and/or CDI inspections by way of load/discharge operations, any SIRE and/or CDI inspection requirements in this charterparty shall be suspended during the Storage Period and shall not be reinstated until the vessel’s trading pattern permits such inspection.
4. Any additional costs incurred by Owners during or arising from the Storage Period to be for Charterers’ account, including, but not limited to, any tank cleaning/ desludging, any additional insurance premiums assessed by Owners’ insurers and/or cost of any additional insurance Owners reasonably require. All amounts due to be paid with next hire.
5. Notwithstanding sub-clause 2, on completion of any Storage Period under this clause, Charterers shall either:
a) arrange at their risk, cost and time for the Vessel’s underwater parts, including rudder and propeller, to be cleaned/scrubbed. Such cleaning/scrubbing to be subject to Owners’ approval, which approval not to be unreasonably withheld, and subject to the supervision and satisfaction of the Master; or
b) Owners may elect to be reimbursed for such cleaning/scrubbing costs by Charterers for the lumpsum amount of USD XXXX [if not agreed default amount to be USD50,000], payment of the lumpsum amount will be in full and final settlement of Owners’ cost and time for cleaning/scrubbing the Vessel’s underwater parts, including rudder and propeller and shall discharge Charterers’ from any further obligations under this clause.
6. Charterers shall be responsible for any deterioration in or loss of cargo and/or any damage caused to the vessel by the cargo, including but not limited to damage to the vessel’s tanks, tank coatings, pumps and/or pipelines by the cargo while the Vessel waited at the agreed location during the Storage Period.
7. Any speed and consumption warranties shall be suspended during the Storage Period and thereafter unless and until the vessel is cleaned/scrubbed in accordance with sub clause 5a or if Owners elect to accept lumpsum for cleaning under sub clause 5(b).
8. Charterers shall indemnify Owners against any and all claims brought by cargo owners, receivers, or holders of the bill(s) of lading against Owners by reason of Owners following Charterers’ orders issued in accordance with this clause.
9. This clause shall be incorporated into any sub-charter and any bill(s) of lading issued pursuant to this charterparty.