BIMCO IceCl 0103
BIMCO IceCl 0103
BIMCO IceCl 0103
The Vessel shall not be obliged to force ice but, subject to the Owners' approval and having due
regard to its size, construction and class, may follow ice-breakers when reasonably required.
(i) If at any time after setting out on the approach voyage the Vessel's passage is impeded
by ice, or if on arrival the loading port is inaccessible by reason of ice, the Master or Owners
shall notify the Charterers thereof and request them to nominate a safe and accessible
alternative port.
If the Charterers fail within 48 running hours, Sundays and holidays included, to make such
nomination or agree to reckon laytime as if the port named in the contract were accessible or
declare that they cancel the Charter Party, the Owners shall have the option of cancelling the
Charter Party. In the event of cancellation by either party, the Charterers shall compensate the
Owners for all proven loss of earnings under this Charter Party.
(ii) If at any loading port the Master considers that there is a danger of the Vessel being
frozen in, and provided that the Master or Owners immediately notify the Charterers thereof, the
Vessel may leave with cargo loaded on board and proceed to the nearest safe and ice free place
and there await the Charterers' nomination of a safe and accessible alternative port within 24
running hours, Sundays and holidays excluded, of the Master's or Owners' notification. If the
Charterers fail to nominate such alternative port, the vessel may proceed to any port(s), whether
or not on the customary route for the chartered voyage, to complete with cargo for the Owners'
account.*
(i) If the voyage to the discharging port is impeded by ice, or if on arrival the discharging
port is inaccessible by reason of ice, the Master or Owners shall notify the Charterers thereof. In
such case, the Charterers shall have the option of keeping the Vessel waiting until the port is
accessible against paying compensation in an amount equivalent to the rate of demurrage or of
ordering the Vessel to a safe and accessible alternative port.
If the Charterers fail to make such declaration within 48 running hours, Sundays and holidays
included, of the Master or Owners having given notice to the Charterers, the Master may
proceed without further notice to the nearest safe and accessible port and there discharge the
cargo.
(ii) If at any discharging port the Master considers that there is a danger of the Vessel being
frozen in, and provided that the Master or Owners immediately notify the Charterers thereof, the
Vessel may leave with cargo remaining on board and proceed to the nearest safe and ice free
place and there await the Charterers' nomination of a safe and accessible alternative port within
24 running hours, Sundays and holidays excluded, of the Master's or Owners' notification. If the
Charterers fail to nominate such alternative port, the vessel may proceed to the nearest safe and
accessible port and there discharge the remaining cargo.
(iii) On delivery of the cargo other than at the port(s) named in the contract, all conditions of
the Bill of Lading shall apply and the Vessel shall receive the same freight as if discharge had
been at the original port(s) of destination, except that if the distance of the substituted port(s)
exceeds 100 nautical miles, the freight on the cargo delivered at the substituted port(s) shall be
increased proportionately.
* Note: In trades where the terms and conditions of the charter party are not incorporated
into the bill(s) of lading, such bill(s) must contain an express statement permitting the vessel to
complete with cargo at alternative port(s), whether or not on the customary route for the
chartered voyage.
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If the Vessel is prevented from leaving the port after completion of loading/discharging for more
than two (2) hours waiting for cargo papers or for any other reason attributable to cargo being
loaded or discharged including but not limited to control and/or clearance by customs or other
authorities and/or any other charterers' purposes, the Charterers shall pay the Owners
compensation in an amount equivalent to the rate of demurrage stipulated in the charter party for
all time after completion of loading/discharging until the termination of such delay.