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INTERTANKO Voyage Charter Storage/Prolonged Stay Clause
6 May 2020
INTERTANKO Voyage Charter Storage/Prolonged Stay Clause
1. Charterers shall have the option of ordering the Vessel to proceed to a safe place prior to tendering NOR at any discharge port, such location to be agreed between Owners and Charterers, such agreement not to be unreasonably withheld. The Vessel may remain at the agreed location and await orders for a single period not to exceed XXX continuous days or a cumulative period of YYY days * (the “Storage Period”).
*{if no period is agreed the default single period shall be 7 days and the cumulative period shall be 14 days}
2. During the Storage Period agreed under sub-Clause 1, upon written notice to Charterers, 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, or to comply with their obligations under this charterparty. Should the vessel shift to a berth or alternative anchorage other than at the agreed location 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, but not limited to, bunkers and port disbursements, shall be for Charterers’ account.
3. Owners to be compensated at the demurrage rate, or at another rate specified in the charterparty, for all additional time spent as a result of the exercise of the option under sub-clause 1. The additional time spent shall include the actual steaming time due to any deviation to and from the direct route to the discharge port and the agreed location referred to in sub-clause 1, together with the Storage Period. Charterers also to reimburse Owners for all additional bunkers consumed due to any deviation to and from the agreed location and while waiting at the agreed location, all additional expenses incurred while waiting, and any additional insurance premiums assessed by Owners’ insurers and/or cost of any additional insurance Owners reasonably require. All amounts due are payable with freight.
4. Notwithstanding sub-clause 2, on completion of any Storage Period(s) 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 this lumpsum amount will be in full and final settlement of Owners’ costs 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.
5. Charterers shall be responsible for any deterioration in or loss of the 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 while the vessel waited at the agreed location during the Storage Period.
6. Any speed warranties shall be suspended during the Storage Period and thereafter unless and until the vessel is cleaned/scrubbed in accordance with sub clause 4(a) or if Owners elect to accept lumpsum for cleaning under sub clause 4(b).
7. 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.
8. This clause shall be incorporated into any sub-charter and any bill(s) of lading issued pursuant to this charterparty.