BIMCO Dunnage Removal Clause for Time Charter Parties 2007
The Vessel shall be delivered and redelivered free of all dunnage, lining and packing materials.
During the currency of this Charter Party the Charterers shall provide dunnage, lining and packing materials as required at their expense.
The Charterers shall ensure that all dunnage used shall comply with applicable phyto-sanitary regulations.
Throughout the currency of the Charter Party and at redelivery, the Charterers shall remain responsible for all costs and time, including deviation, if any, associated with the removal and disposal of dunnage, lining and packing materials in accordance with MARPOL 73/78 Annex V or any other applicable rules relating to the disposal of such materials.
In response to a number of requests BIMCO has developed a standard Dunnage Removal Clause for incorporation into Time Charter Parties. The Clause was adopted by the Documentary Committee at its meeting in Hong Kong in June 2007.
One of the issues facing BIMCO was whether the standard Dunnage Removal Clause should be a free-standing clause or form part of the previously published Hold Cleaning/Residue Disposal Clause for Time Charter Parties. Because removal of dunnage is dealt with as an issue separate from garbage disposal under MARPOL it was decided that it would be more appropriate to issue a separate clause dealing with dunnage and other packing/protective materials. The result of the drafting work is the Dunnage Removal Clause for Time Charter Parties the full text of which can be found at the end of this Special Circular.
The reference to “dunnage, lining and packing materials” is taken from MARPOL to ensure consistency with those regulations. Even though BIMCO received suggestions to include “debris, lashings and securing materials” in addition to “dunnage, lashings and packing material”, it was decided not to include such additional materials because the Clause would then be deviating from the language used in MARPOL.
The Dunnage Removal Clause deals with the provision, removal and disposal of dunnage. It qualifies what type of dunnage may be used and requires the Charterers to provide dunnage which complies with applicable phyto-sanitary regulations. In this way it contemplates the growing implementation of phyto-sanitary legislation in many countries which affects the marking and correct disposal of dunnage.
The wording of the final paragraph is in line with the Hold Cleaning/Residue Disposal Clause and clarifies that the Charterers’ responsibility for cost and time associated with removal/disposal of dunnage exists throughout the currency of the Charter Party and at redelivery, including any deviation.
BIMCO is satisfied that it has produced a Clause that properly and clearly addresses the issue of the supply, removal and disposal of dunnage and other packing materials under a time charter party and that Members will find this Clause to be a useful addition to the suite of BIMCO Standard Clauses.
Originally published in BIMCO Special Circular No. 2, October 2007 - Dunnage Removal Clause for Time Charter Parties