BIMCHEMTIME Vetting and Inspection Clause 2006

BIMCO BIMCHEMTIME Vetting and Inspection Clause 2006

Vetting and Inspection Clause for Chemical Carrier Time Charter Parties

(a) Owners shall, with the co-operation of the Charterers, arrange to have the Vessel inspected under the CDI and SIRE Vessel Inspection Programs and by the major Oil and Chemical companies as required.

(i) Owners warrant that on the day of delivery the Vessel has been vetted and is acceptable to:
 _______________________________________________________________.
Owners shall exercise due diligence to maintain such acceptances throughout the currency of this Charter Party.


(ii) Owners declare that the Vessel has been vetted and is, to the best of their knowledge, acceptable on a case-by-case basis by:
 _______________________________________________________________.
Owners shall exercise due diligence to maintain such acceptances throughout the currency of this Charter Party.


(iii) Owners shall exercise due diligence to obtain and thereafter maintain, throughout the currency of this Charter Party, acceptance of the Vessel by:
 _______________________________________________________________.


(b) Inspections by above named companies (including CDI and SIRE Inspections) to maintain or obtain acceptances shall be arranged by Owners and costs for such inspections shall be for Owners’ account. If inspections by companies not named above are required by Charterers, all costs for such inspections shall be for Charterers’ account.


(c) The Owners shall on receipt of an Inspection Report promptly make their comments on such Reports available to Charterers and arrange to have them entered into the respective databases.


(d) If the Vessel, on the day of delivery, is a newbuilding without any major approvals or Inspections, then the Charterers shall allow Owners reasonable time to arrange for the vetting and Inspection of the Vessel.


(e) Charterers shall assist Owners to get relevant oil and chemical companies to vet the Vessel. If any of the major Oil and/or Chemical companies, including those named above, refuse to inspect the Vessel because they have no commercial interest in the Vessel or an inspector is not available, then the Owners shall not be held liable and sub-clause (g) shall not apply.


(f) The Vessel shall remain on-hire for the purpose of carrying out Inspections described in sub-clauses (a) and (b) above. If the Vessel fails to be accepted following any such Inspections or achieves a CDI score below an agreed minimum score of: ____ % (calculated as the average of the Statutory, Recommended and Desirable Sections), then the cost for re-inspection will be for the Owners’ account and the Vessel shall be off-hire for any time lost in having her re-inspected.


(g) (i) If the Vessel, despite the exercise of due diligence, fails to obtain or retain acceptances by any of the companies listed in sub-clauses (a)(i), (ii) and (iii) above or  the minimum CDI score stated in sub-clause (f), then the hire shall be reduced by the amount of ____ per day for each company’s non-acceptance and/or while the CDI score remains below the agreed minimum. Each reduction in hire, as stated above, shall continue until the corresponding company re-accepts the Vessel. If a reduction in hire is caused by a CDI score below the agreed minimum, such reduction shall continue until the agreed minimum CDI score is achieved. The Owners shall give the Charterers written notice when the Vessel has been prepared for and is eligible to the relevant companies for re-vetting. If the Vessel is not re-vetted by the relevant companies within 30 days of receiving the Owners’ notice, reduction of hire shall cease.

(ii) Should the Vessel when re-vetted or re-inspected still not obtain the acceptances required under sub-clause (a) or the minimum CDI score required under sub-clause (f), the hire shall be reduced or continue at the reduced rate as stated in sub-clause (g)(i) and the Charterers may notify the Owners that unless the situation has been rectified within 90 days, the Charterers shall have the right to cancel this Charter Party. Such right to cancel shall be exercised by giving notice thereof within three (3) working days after the expiry of the above rectification period. The cancellation shall take effect as soon as the Vessel is free of existing cargo commitments. If the Charterers do not exercise the right to cancel this Charter Party, the provisions of this Clause shall remain in full force and effect.


(h) In case the non-acceptances of the Vessel result from the fact that the Vessel, following an accident, must perform repairs to re-establish its condition as before the accident, the period of time in which the Vessel is off-hire due to such accident and in which the repairs are carried out shall not be included in the periods of 30 and 90 days allowed to Owners as per sub-clause (g) to restore the Vessel’s acceptances lost for the reason of the accident.

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