VOC ARAcraART SUN 1

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PRIVATE & CONFIDENTIAL

RECAP / FIXTURE NOTE

DATE:17/09/24
ACC:
ARAMART GROUP S.A.S.

OWNERS/DISPONENT OWNERS:
VICTORY OIL CORPORATION.

// CLEAN VERSION //

++++++++++++++++++ PRIVATE AND CONFIDENTIAL ++++++++++++++++++++

FOR 1 VOYAGE CHARTER,

(TITLE)

CHARTERERS : ARAMART GROUP S.A.S, RS-2024-05895868-GDEMZA-DPJ#MGTYJ


aranguiz@ara-mart.com
REGISTERED OWNER : AS PER Q88
OWNERS/DISP OWNER : VICTORY OIL CORPORATION, RUC: 155588883-2-2014
COMMERCIAL OPERATOR : AMPHITRIE SHIPPING FZCO

CHARTER PARTY FORM : ASBATANK VOY 1977(EXCEPT THE AMENDMENTS, DELETIONS,


ADDITIONS AS EXPRESSED OR IMPLIED IN THIS AGREEMENT (IN THE EVENT OF A
CONFLICT, THE PROVISIONS OF THIS AGREEMENT WILL PREVAIL OVER THOSE CONTAINED
IN THE ASBATANK VOY)).

CHARTER PARTY DATED : 17/SEP/2024

SHIPPER:PDVSA
CONSIGNEER:XXXXXXXXX

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PRIVATE & CONFIDENTIAL

(VESSEL)

VESSEL : MT SUN 1(Q88 ATTACHED)


LAST 3 CARGOES : CRUDE OIL

(CARGO)

CARGO : ONE GRADE MEREY 16 CRUDE OIL, ALWAYS WITHIN VESSELS


NATURAL SEGREGATION, NO HEAT

CARGO QUANTITY : 2 MILLION +/- 5% TO VESSEL’S MAX CAPACITY,


BARRELS
SHIPPER'S OPTION

HEAT : N/A
---------------- ------------------------------------------------------

LAYCAN : 10/15 OCT 00.01-23.59 2024

ITINERARY :VESSEL CARIBBEAN SEA.

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PRIVATE & CONFIDENTIAL

LOAD PORT : (GEOGRAPHICAL) : ONE SP/SB JOSE

DISCHARGE PORT : ONE SP/SB NORTH CHINA , INTENTION QINGDAO

EXCEPT CHINESE RIVER PORTS

),1$1&,$/

FREIGHT :LUMPSUM USD 16,000,000 BSS FIOST FREE DA POL TO ACC


CHARTERERS AND DA IN POD TO ACC CHARTERES.
PAYMENT TERMS:

20% on CLEAN FIXTURE RECAP 48hrs


30% on UPON COMPLETION LOADING
50% TO BE PAID UPON BL

IF THE FIRST OF THE DOWNPAYMENTS IS NOT PAID AND RECEIVED ON OWNERS’


ACCOUNT AS DUEOWNERS HAVE AN OPTION TO CANCEL THE CHARTER-PARTY
IMMEDIATELY WITHOUT ANY PENALTY AND/OR RECOURSE FROM CHARTERERS’ SIDE

COMMISSION : NIL ADDCOM/

AGENTS AND PDA : SHIPPER/CHARTERER AGENCY AND PDA AT THE LOADING PORT AND
DISCHARGING PORT TO ACC CHARTERERS OF AS WELL AS AT ANY OTHER PORTS FOR
CHARTERER’S PURPOSES SUCH AS COMINGLING,AND SWITCHING DOCUMENTS. ALL
LOADPORT COSTS INCLUDING AGENCY FEE AND ANY STS COSTS AT LOAD TO ACC
SHIPPER/CHARTERER DISCHARGE PORT ON SHIPPERS/CHARTERER ACCOUNT.

AGENT IN POL:QUNTERO SEA SERVICE AS PROTECTOR

AGENT IN POD:TBN (WILL BE NOMINATED 5 DAYS BEFORE TO ARRIVAL POD)

CHARTERERS TO MAKE SURE THAT THE VESSEL WILL MEET ALL PORT RESTRICTIONS
AT LOADING AND DISCHARGE BEFORE ORDERING THE VESSEL TO PROCEED TO SUCH
PORTS (INCLUDING BUT NOT LIMITED TO DRAFT, LOA, BEAM AND OTHER POSSIBLE
RESTRICTIONS)

LAYTIME: TOTAL 120 HRS SHINC REVERSIBLE.THE FOLLOWING SHALL NOT COUNT AS
LAYTIME: (1) SHIFTING,(6) ALLOWANCE FOR DOC. MAX 3 HRS OR FINAL TOW AND
DOC OPERATIONS ON OWNERS ACCOUNT AND THEREAFTER ON CHRTRS ACCOUNT.

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PRIVATE & CONFIDENTIAL

DEMURRAGE : USD 90,000 PDPR

DEMURRAGE PAYABLE : ALL DEMURRAGE IF INCURRED AFTER ALL LAYTIME IS USED


TO BE PAID EVERY 7 DAYS IN ARREARS. ALL ACCRUED DEMURRAGE TILL ARRIVAL AT
DISCHARGE PORT PLUS THE ESTIMATED DEMURRAGE UNTIL ETB ETD AT DISPORT TO BE
PAID BEFORE BREAKING BULK (BBB) TOGETHER WITH BALANCE FREIGHT. ANY
OVERPAYMENT SHALL BE REIMBURSED BACK TO CHRTRS MAXIMUM WITHIN 5 BANKING DAYS
AFTER COMPLETION OF VOYAGE.

UNDISPUTED DEMURRAGES TO BE PAID EVERY 7 DAYS IN ARREARS AT BOTH LOADING


PORT AND DISCHARGE PORT AND IN ANY EVENT WITHIN 2 BANKING DAYS OF
THE INVOICE, FAILING WHICH OWNERS ARE ENTITLED TO WITHHOLD SERVICES OR
TERMINATE THE CHARTERPARTY AND CLAIM DAMAGES FROM THE CHARTERERS. ANY ADVANCE
FREIGHT PAID WILL BE FORFEITED AND CHARTERERS ARE LIABLE TO PAY OWNERS FOR
ANY OTHER LOSSES THEY SUFFERED DUE TO CHARTERERS FAILURE.

PAYMENT CURRENCY: USD AS PER INVOICE TO/BY OWNERS OR PER OWNERS LETTTER OF
AUTHORIZATION TOCOMMERCIAL OPERATORS.

BANK DETAILS : TBA

SPECIAL OWNER’S PROTECTIVE CLAUSES:

- TIME TO BE SPENT ANY DELAY TO THE SHIP FOR SWITCHING DOCUMENTS SHALL NOT BE
ACCOUNT AS LAYTIME.

Ͳ B/L SWITCH CLAUSE


CHARTERER HAS THE RIGHT TO SWITCH THE B/L IN MALAYSIA BY MALAYSIA AGENT, OWNER
AND MASTR SHOULD PROVIDE RELEVANT DOCUMENTS FOR ASSISTANCE. THE 2ND SET MUST BE
ISSUED BEFORE DISCHARGING AND THE CHARTERER MUST PRESENT FULL SET OF 1ST SET OF
B/L BACK TO OWNER OFFICE BEFORE ISSUE THE 2ND SET. In addition, a draft of 2nd
set B/l should be submitted to the Owners and must only be issued after the
Owners have confirmed the draft of 2nd set B/l to be in order. (CHRT NEED PROVID
SWITCH BL LOI AS PER OWNER’S LOI FORMAT.) THE CHARTERER HAS THE RIGHT TO TAKE
AWAY THE ORIGINAL BILL OF LOADING (i.e. 1st set) AND PROVIDE LOI TO OWNER, BUT
THE WHOLE ORIGINAL BILL OF LOADING WILL BE RETURNED TO THE OWNER as stated in
this clause.
Ͳ Z'K 'Z EEKd  ^t/d,
-

- TIME TO BE SPENT FOR ANY STOPPAGE OR SLOW SPEED SAILING AS PER

CHARTERER’S INSTRUCTION TO BE COUNTED AS LAYTIME.

- RELEASING CARGOES WITHOUT OB/LS: LOI IN OWNER'S P&I WORDINGS

TO BE ISSUED BY CHARTERER

• OWNER’S OPTION OF SEGREGATION/ROTATION/COMPLETION.

• AWRP (ADDITIONAL WAR RISK PREMIUM) IF ANY TO BE FOR CHARTERER’S

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PRIVATE & CONFIDENTIAL

ACCOUNT AND PAID TOGETHER WITH FREIGHT.

• DOMESTIC LICENSE TO BE FOR CHARTERER’S ACCOUNT.

• SHIPPER’S AND RECEIVER’S SURVEYOR ALONG WITH VESSEL’S CREW MUST OBTAIN
CARGO SAMPLES FROM SHIP’S MANIFOLD AND CARGO TANKS, EACH CARGO SAMPLE
MUST BE
KEPT AND SEALED ON BOARD.

• BIMCO PIRACY CLAUSE FOR SINGLE VOYAGE CHARTER PARTIES 2013 APPLIED.

• ANY TAXES AND/OR DUES AND/OR WHARFARGE ON CARGO AND/OR FREIGHT TO


BE FOR CHARTERERS ACCOUNT, AND TO BE SETTLED DIRECTLY BY THEM.

• ALL STS COST INCLUDING AGENT, PILOT, TUG, TO BE FOR SHIPPERS/CHARTERER


ACCOUNT AND TO BE SETTLED DIRECTLY BY THEM.

• IF REQUIRED BY CHARTERERS, B/L TO BE MARKED 'CLEAN ON BOARD' AND SAME TO BE


SIGNED BY OWNERS OR THEIR REPRESENTATIVE ACCORDINGLY SUBJECT TO MASTER
CONFIRMATION THAT CARGO QUANTITY AND QUALITY IS IN APPARENT GOOD
ORDER.

• CLEAN' IN THIS CONTEXT REFERS TO THE CONDITION OF THE DOCUMENTATION; THAT


IS A CLEAN B/L WITHOUT CLAUSE OR BLEMISHES OR EXCEPTIONS UPON IT. 'CLEAN' IN
THIS CONTEXT DOES NOT REFER TO QUALITY/QUANTITY OR CONDITION OF THE
COMMODITY.

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PRIVATE & CONFIDENTIAL

• CARGO TO BE DISCHARGE AGAIN PRESENTATION OF ORIGINAL B/L. IF ORIGINAL


B/L IS NOT AVAILABLE AT DISCHARGE PORT, OWNERS MAY AGREE TO
DISCHARGE/RELEASE CARGO AGAINST CHARTERERS LOI AS PER OWNERS PNI
WORDINGS WITHOUT BANK GUARANTEE.
• OWNERS TO PROVIDE CHARTERERS WITH DEMURRAGE INVOICE AND FULL SUPPORTING
DOCUMENTS WITHIN 10 DAYS AFTER COMPLETION OF DISCHARGE BY E-MAIL OR FAX.
(COMPLETION OF DISCHARGE BEING AT FINAL HOSE DISCONNECTION AT FINAL DISCHARGE
PORT FOR CHARTERERS CARGO).

• DEMURRAGE IF ANY TO BE SETTLED WITHIN 15 DAYS UPON RECEIPT


OF OWNERS INVOICES TOGETHER WITH SUPPORTING DOCUMENTS.

• ALL NEGOTIATING AND DETAILS RESULTING IN THIS FIXTURE TO BE KEPT


STRICTLY PRIVATE AND CONFIDENTIAL BY ALL PARTIES INVOLVED.

• CHARTERER PROVIDES INDEPENDENT SURVEYOR ON BOTH LOADING AND DISCHARGE PORT.

• NO SWITCH B/L AFTER DISCHARGE.

- OVERAGE CARGO INSURANCE PREMIUM, IF ANY, FOR CHARTERER A/C

- MAX 3 HRS WAITING FOR CARGO DOCUMENTS OWNERS' A/C,


THEREAFTER CHARTERER A/C.

CARGO SHORTAGE

IF THE CARGO SHORTAGE (WHICH SHALL BE DEFINED AS THE DIFFERENCE FROM NETT
GROSS SHIP FIGURE AT LOADING PORT AND NETT GROSS SHIP FIGURE BEFORE UNLOADING
AT DISCHARGING PORT) IS OVER 0.3%, CHARTERER HAS THE RIGHT TO CLAIM FOR
QUANTITY EXCEEDING SUCH 0.5%. OWNERS SHALL NOT BE RESPONSIBLE FOR ANY LOSS
AND/OR SHORTAGE OF CARGO EQUAL TO 0.5% OR LESS. VESSEL SHALL ALSO NOT BE
RESPONSIBLE FOR CARGO SHORTAGE OVER 0.5% DUE TO SOUNDING AT LOADING PORT
WITHOUT AMPLE SETTLING TIME. ANY REDUCTION IN CARGO QUANTITY DUE TO PRESENCE
OF WATER IS ALWAYS EXEMPTED FROM THIS LIABILTY TO OWNERS. CALCULATIONS ARE
TO BE BASED ON SAME CARGO TEMPERATURE.

THE VESSEL/OWNERS SHALL IN NO CASE BE RESPONSIBLE FOR LOSS OF OR DAMAGE TO


THE CARGO, HOWSOEVER ARISING PRIOR TO LOADING INTO AND AFTER DISCHARGE
FROM THE VESSEL.

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PRIVATE & CONFIDENTIAL

WAITING VOYAGE ORDERS

CHARTERERS HAVE THE LIBERTY OF INSTRUCTING THE VESSEL TO WAIT FOR ORDERS AT
A SAFE PLACE FOR MAXIMUM TOTAL 5 DAYS WAITING WITHIN THE VOYAGE. IF VESSEL
IS ORDERED BY CHARTERERS TO DRAFT/WAITING OUTSIDE PORT(S), AT A LOCATION IN
CHARTERERS OPTION BUT SUBJECT TO OWNERS'/ MASTER'S APPROVAL WHICH IS
NOT UNREASONABLY WITHHELD, THEN THE FOLLOWING SHALL APPLY:

TIME FROM VESSEL'S ARRIVAL AT DRIFTING/WAITING LOCATION TO COMMENCEMENT OF


SEA PASSAGE, ON RECEIPT OF CHARTERERS' INSTRUCTIONS, FROM SUCH LOCATION SHALL
BE COUNTED IN FULL AS TIME ON DEMURRAGE RATE AND BE PAID IN EVERY 7 5(FIVE)
DAYS BY THE CHARTERER.

IF DEVIATION INCURRED DUE TO CHANGE OF DESTINATION, COSTS TO BE PAID BY


THE CHARTERER AS PER INTERIM PORT CLAUSE DEMURRAGE CLAUSE IF THE VESSEL IS
WAITING FOR DISCHARGE ORDER TOTAL MORE THAN 7 5(FIVE) DAYS AND VESSEL IS
ON DEMURRAGE, HENCE THE FREIGHT AND DEMURRAGE OCCUR MUST BE PAID
IMMEDIATELY AT THE 7 5TH DAY OF WAITING DISCHARGE ORDER.

SUBSEQUENT DEMMURAGE SHALL BE PAID IN EVERY 7 5(FIVE) DAYS BY THE CHARTERER.


BEFORE DISCHARGING ON THE LAST VOYAGE, DEMURRAGE MUST BE SETTLED BASIS AGREED
ESTIMATED CALCULATION. IF AFTER VOYAGE ACCOMPLISH THERE IS A DIFFERENTIATION,
HENCE IT SHALL BE SETTLED MAXIMUM 15 DAYS AFTER COMPLETION OF VOYAGE.

THE CONOCO WEATHER CLAUSE

DELAYS IN BERTHING FOR DISCHARGING AND ANY DELAYS AFTER BERTHING WHICH
ARE DUE TO WEATHER CONDITIONS SHALL COUNT AS ONE HALF LAYTIME.

INTERIM PORT CLAUSE

CHARTERERS HAVE THE OPTION FOR ONE OPERATION, WITHIN THE DICHARGING RANGE, TO
LOAD AND/OR DISCHARGE AND/OR RELOAD PART OR FULL CARGO AT ONE SAFE PORT OR
STS LOCATION EN ROUTE AFTER FIRST LOAD PORT. SUCH DISCHARGE/RELOAD/STS TO BE
ENROUTE BETWEEN LAST LOAD PORT AND FIRST DISCHARGE PORT NOMINATED. CHARTERERS
TO PAY FOR ADDITIONAL INTERIM LOAD/DISCH/STS AT COST WITH ADDITIONAL STEAMING
TIME TO BE INCURRED FOR SUCH DEVIATION WHICH EXCEEDS DIRECT PASSAGE FROM LAST
LOADPORT TO FIRST DISCHPORT NOMINATED INCLUDING EXTRA BUNKERS CONSUMED. TIME
TO COUNT AS LAYTIME/DEMURRAGE FROM ARRIVAL PILOT STATION INTERIM
LOAD/DISCHARGE PORT UNTIL DROPPING LAST OUTWARD PILOT INTERIM LOAD/DISCH PORT
VESSEL’S ARRIVAL AT THE DEVIATION POINT ON THE ORIGINAL ROUTE TOWARDS THE
INTERIM PORT, CONTINUING ALL THROUGH VESSEL’S ARRIVAL/STAY/SAILING FROM THE
INTERIM PORT AND SHALL CONTINUE UNTIL VESSEL’S ARRIVAL BACK AT A DEVIATION
POINT ON THE ORIGINAL VOYAGE ROUTE I.E. NO ALLOWANCE FOR NOTICE TIME, NOR
DEDUCTION FOR SHIFTING EVEN FROM ANCHORAGE TO FIRST BERTH AND NO DEDUCTION
FOR TIME LOST DUE TO TIDE, SEA AND WEATHER CONDITIONS OR ANY OTHER EXCEPTIONS
AGREED ELSEWHERE IN THE CP. DEVIATION AND TIME USED TO BE CALCULATED AT
DEMURRAGE RATE PER DAY PRO RATA PLUS COST FOR ADDITIONAL BUNKERS (INCLUDING

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PRIVATE & CONFIDENTIAL

IFO VLSFO AND MDO) CONSUMED AS PER MASTERS STATEMENT.

100% UNDISPUTED ADDITIONAL PORT COST (DEVIATION, TIME USED, BUNKERS CONSUMED
AND PORT COSTS (INCL AGENCY FEES)) TO BE PAID TOGETHER WITH FREIGHT AS PER
OWNERS INVOICE. ANY OUSTANDING BALANCE WILL BE SETTLED WITHIN 15 DAYS AFTER
COMPLETION OF DISCHARGE, WHICH LATER TO BE SUPPORTED BYAVAILABLE DOCUMENTATION.

IN CASE OF CARGO BLENDING THE OPERATION SHALL BE CARRIED OUT ENTIRELY AT


CHARTERER'S RISK AND IN NO EVENT SHALL OWNERS BE RESPONSIBLE FOR THE
QUALITY OF CARGO RESULTING FROM SUCH OPERATION.
CHARTERERS TO INDEMNIFY OWNERS, VESSEL AND MASTER AGAINST LIABILITY FOR ANY CARGO
QUANTITY/QUALITY CLAIMS THAT MAY ARISE AS A DIRECT RESULT OF
THIS ONBOARD BLENDING, INCLUDING CARGO QUALITY CLAIMS FROM A THIRD
PARTY.

LIGHTERAGE/TRANSSHIPMENT CLAUSE

CHARTERERS SHALL AT ALL TIMES BE LIABLE AND RESPONSIBLE FOR


LIGHTERAGE/SHIP TO SHIP TRANSFER (STS), INCLUDING THE RISK, COST, AND
EXPENSES; THEREFORE, CHARTERERS SHALL PROVIDE, ARRANGE AND PAY FOR ALL
NECESSARIES INCLUDING BUT NOT LIMITED TO

i. SAFE AND PROTECTED AREA OF CONDUCTING SUCH LIGHTERAGE/STS OPERATION


WHEREBY VESSEL CAN SAFELY PROCEED TO, LIE, AND DEPART FROM, ALWAYS AFLOAT,
IN WHICH SHALL ALWAYS SUBJECT TO THE MASTER APPROVAL; IN ANY CASE
LIGHTERAGE OPERATIONS TO BE AT THE REASONABLE DIRECTION OF MASTER OF THE
VESSEL AT ALLTIMES, AND IF MASTER AT ANY TIME CONSIDERS THAT LIGHTERAGE ARE
OR ARE ABOUT TO BE UNSAFE, THEN HE MAY DISCONTINUE THEM AT HIS SOLE
DISCRETION;

ii.ALL NECESSARY TUG BOAT(S), CARGO HOSES, SUFFICIENT FENDERS, SUFFICIENT OIL
FENCE / OIL BOOMS, AND OTHERS RELATED EQUIPMENT’S AND PERSONALS, INCLUDING
BUT NOT LIMITED TO ALL EQUIPMENT REQUIRED BY LOCAL AUTHORITY IF ANY, SUITABLE
AND NECESSARY FOR LIGHTERING/TRANSSHIPMENT, PROVIDED ALWAYS IT SHOULD PERFORM
IN ACCORDANCE WITH THE LATEST EDITION OF OCIMF STS TRANSFER GUIDANCE (SHIP TO
SHIP OPERATIONS);

iii. ADDITIONAL INSURANCE PREMIUMS INCURRED BY SUCH TRANS SHIPMENT OPERATIONS;

iv.DETAIL INFORMATION AND SPECIFICATION OF MOTHER OR DAUGHTER VESSEL(S) IN


FORM OF Q88, THE P&I INSURANCE WHICH ALSO COVERED OIL SPILL, CERTIFICATE OF
ORIGIN, AND CLASS CERTIFICATE; AND SHALL BE SUBMITTED AT THE LATEST OF
5 (FIVE) DAYS PRIOR TO TRANS SHIPMENT OPERATION.

NOTWITHSTANDING THE ABOVE CLAUSE, BIMCO SHIP-TO-SHIP TRANSFER CLAUSE FOR


TIME CHARTER PARTIES 2008 ALWAYS TO APPLY.

SANCTION CLAUSE

CHARTERERS REPRESENTS AND WARRANTS OWNERS AS FOLLOWING:

a. CHARTERERS IS NOT ENTITY THAT OWNED BY OR CONTROLLED BY OR ACTING ON


BEHALF OF ANY PERSON OR PARTY WHICH IS SUBJECT TO ANY SANCTION IMPOSED BY
UNITED NATIONS, UNITED STATES, EUROPEAN UNION, AND/OR OTHER SANCTION
RELATED TO NATIONAL, INTERNATIONAL, AND SUPRANATIONAL BODY (“SANCTIONS”);
b. CHARTERERS SHALL AT ALL TIMES FULLY COMPLY WITH THE SANCTIONS AND ALL
SANCTIONS APPLICABLE TO OWNERS, CHARTERERS, OR THEIR RESPECTIVE INSURERS;

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c. CHARTERERS SHALL NOT DO ANY UNLAWFUL ACTS OR MATTERS (INCLUDING


INSTRUCTION OF ANY VOYAGE ORDERS) WHICH MIGHT EXPOSE OWNERS, CHARTERERS,
OR THEIR RESPECTIVE INSURERS TO ANY RISK OF BREACHING SANCTIONS;

d. CHARTERERS SHALL ENSURE VESSEL DO NOT CARRY ANY CARGOES (PARTIALLY OR


ENTIRELY) WHICH ARE SUSPECTED OF SYRIAN OR IRAN OR VENEZUELA OR OTHER US, UN
AND EU SANCTIONED ORIGIN (OR EXPORTED FROM EITHER SYRIA OR IRAN OR VENEZUELA
OR OTHER US, UN AND EU SANCTIONED) AND/OR TO BE BOUND OR DESTINED FOR SYRIA
OR OTHER US, UN AND EU SANCTIONED; THEREFORE, OWNERS SHALL HAVE AUTHORITY
AND INDEPENDENCY TO REFUSE LOADING OF THE CARGOES. 5 (FIVE) DAYS PRIOR TO
LOADING
ANY CARGOES CHARTERERS TO PROVIDE CERTIFICATE OF ORIGIN AND OTHER EVIDENCE
OR PROOF DOCUMENTS ACCORDINGLY;
e. IF THE VESSEL IS ALREADY PERFORMING AN EMPLOYMENT TO WHICH SUCH SANCTION
OR PROHIBITION IS SUBSEQUENTLY APPLIED, THE OWNERS SHALL HAVE THE RIGHT TO
REFUSE TO PROCEED WITH THE EMPLOYMENT AND THE CHARTERERS SHALL BE OBLIGED TO
ISSUE ALTERNATIVE VOYAGE ORDERS WITHIN 48 HOURS OF RECEIPT OF OWNERS'
NOTIFICATION OF THEIR REFUSAL TO PROCEED. IF THE CHARTERERS DO NOT ISSUE SUCH
ALTERNATIVE VOYAGE ORDERS THE OWNERS MAY DISCHARGE ANY CARGO ALREADY LOADED
AT ANY SAFE PORT. THE VESSEL TO REMAIN ON DEMURRAGE IF ALREADY IN DEMURRAGE
PENDING COMPLETION OF CHARTERERS' ALTERNATIVE VOYAGE ORDERS OR DELIVERY OF
CARGO BY THE OWNERS AND CHARTERERS TO REMAIN RESPONSIBLE FOR ALL ADDITIONAL
COSTS AND EXPENSES INCURRED IN CONNECTION WITH SUCH ORDERS/ DELIVERY OF CARGO.
IF IN COMPLIANCE WITH THESE SUB-CLAUSES (B) ANYTHING IS DONE OR NOT DONE,
SUCH SHALL NOT BE DEEMED A DEVIATION.

f. THE CHARTERERS SHALL INDEMNIFY THE OWNERS AGAINST ANY AND ALL CLAIM
WHATSOEVER BROUGHT BY THE OWNERS OF THE CARGO AND/OR THE HOLDERS OF BILL OF
LADING AND/OR SUB-CHARTERERS AGAINST THE OWNER BY REASON OF THE OWNER'
COMPLIANCE WITH SUCH ALTERNATIVE VOYAGE ORDERS OR DELIVERY OF THE CARGO IN
ACCORDANCE WITH SUB-CLAUSE (B).

THE CHARTERERS SHALL PROCURE THAT THIS CLAUSE SHALL BE INCORPORATED INTO ALL SUB-
CHARTERS AND BILL OF LADING ISSUED PURSUANT TO THIS CHARTER PARTY. IN THE EVENT OF
ANY BREACH FROM THESE CLAUSES, OWNERS SHALL BE ENTITLED TO TERMINATE THE CHARTER AND
RECOVER FROM THE CHARTERERS ANY AND ALL LOSS OR DAMAGE SO RESULTING OR ARISING.

* NEITHER PARTY WILL INVOLVE ANY US PERSONS OR THE US FINANCIAL SYSTEM


IN THIS OFFSET TRANSACTION OR ANY PERSON/ENTITY WHO ARE LISTED IN OFAC
RESTRICTIONS; AND

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OWNERS AND CHARTERERS AGREE THAT:

1. OWNERS RELY IN FULL ON CHARTERERS' ABOVE WARRANTIES;

CHARTERER’S RELY IN FULL ON OWNER’S WARRANTIES

- AWRP AND KNR IF ANY, ON CHARTERERS ACCOUNT.

- BIMCO SANCTION CLS LAST EDITION

TO BEAPPLIED

- ANY TAXES AND/OR DUES ON CARGO AND/OR FREIGHT TO BE FOR CHARTERERS'


ACCOUNT AND SETTLED DIRECTLY BY THEM. IT IS UNDERSTOOD THAT THERE IS NO
TIMEBAR LIMITATION TO CHARTERERS OBLIGATION UNDER THIS CLAUSE

- ANY WHARFAGE DUES/ WAY LEAVE DUES/OVERSTAY CHARGES / ANY STS EXPENSES
(EXCEPT THE VESSEL EQUIPMENT/CERTIFICATE FAIL OR CREW MISTAKE) ALL TO BE FOR
CHRTS ACCOUNT AND SETTLED DIRECTLY BY THEM WITH AGENTS DIRECTLY. IT IS
UNDERSTOOD THAT THERE IS NO TIMEBAR LIMITATION TO CHARTERERS OBLIGATION UNDER
THIS CLAUSE

PRIVATE AND CONFIDENTIAL CLAUSE:


ALL PARTIES UNDERTAKE TO KEEP THIS FIXTURE STRICTLY PRIVATE AND CONFIDENTIAL
AND NO INFORMATION SHALL BE SHARED WITH ANY THIRD PARTIES. PARTY IN BREACH OF
THIS CLAUSE SHALL BE HELD LIABLE FOR ALL DIRECT AND INDIRECT LOSSES SUFFERED
BY THE OTHER PARTY

APPLICABLE LAW – THE PRESENT CHARTER SHALL BE GOVERNED AND CONSTRUED İN


ACCORDANCE WİTH THE ENGLİSH SUBSTANTİVE LAW, APPLİCABLE LAW FOR GA -
ENGLİSH LAW

GA/ARBIRATION - LONDON.

ANY DİSPUTE, CONTROVERSY, DİFFERENCE OR CLAİM ARİSİNG OUT OF OR RELATİNG TO


THİS CHARTER, İNCLUDİNG THE EXİSTENCE, VALİDİTY, İNTERPRETATİON, PERFORMANCE,
BREACH OR TERMİNATİON THEREOF OR ANY DİSPUTE REGARDİNG NON- CONTRACTUAL
OBLİGATİONS ARİSİNG OUT OF OR RELATİNG TO İT SHALL BE REFERRED TO AND FİNALLY
RESOLVED BY ARBİTRATİON ADMİNİSTERED BY THE HONG LONDON INTERNATİONAL
ARBİTRATİON CENTRE LONDON UNDER THE LONDON ADMİNİSTERED ARBİTRATİON RULES İN
FORCE WHEN THE NOTİCE OF ARBİTRATİON İS SUBMİTTED.

THE SEAT OF ARBİTRATİON SHALL BE HONG KONG.

THE NUMBER OF ARBİTRATORS SHALL BE THREE.

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- STS CLAUSE

STS LOADING AND/OR DISCHARGING: CHARTERERS TO SUPPLY ALL EQUIPMENTS INCLUDING


BUT NOT LIMITED TO HOSES/FENDERS AS PER ICS/OCIMF STS TRANSFER GUIDE AND COST
OF SAME TO BE FOR CHARTERER'S ACCOUNT.

ALL PORT DUES, IF ANY, INCLUDING TOWAGE, PILOTAGE, LAUNCHES, AGENCY FEES AND
ALL RELEVANT EXPENSES IN THIS RESPECT TO BE FOR CHARTERER'S ACCOUNT AND
SETTLED DIRECTLY BY THEM.

STS ALWAYS SUBJECT TO MASTER'S APPROVAL REGARDING THE SAFETY OF THE


VESSEL WHICH SHOULD NOT BE UNREASONABLY WITHHELD. TIME TO FINISH WHEN
"CAST OFF". ANY STS TRANSFER TO BE SAFE, IN ACCORDANCE WITH OCIMF
GUIDELINES AND AT CHRTRS RISK AND EXPENSE I.E. OWS NOT TO BE OBLIGED TO
MAKE ANY REMITTANCES FOR EXPENSES, DISBURSEMENTS NOR AGENCY FEES, AND
FULL TIME TO COUNT WPON WITHOUT EXCEPTION.

TİME OR DELAYS İNCURRED AT PORT WHERE STS İS PERFORMED TO BE COUNTED AS FULL


LAYTİME/DEMURRAGE. NO LAYTİME EXCEPTİONS/İNTERRUPTİONS WİLL BE APPLİCABLE AT
SUCH PORTS.

STS BERTHING DAYLIGHT ONLY AND UNBERTHING 24 HRS CAN BE DONE.

- LOADPORT CLAUSE:
ANY DELAYS IN LOADPORT FOR ANY REASON WHATSOEVER TO COUNT AS LAYTIME OR DEMURRAGE IF
VSL IS ON DEMURRAGE. THE MASTER'S WORD/DECISION WILL BE FINAL IN DETERMINING THE
SAFETY OF ANY OPERATION WHICH NEEDS TO BE CARRIED OUT FOR THE SAFE LOADING OR
DISCHARGING OF THE CARGO, AND THE SAFETY OF THE VESSEL AT ALL TIMES, TAKING INTO
CONSIDERATION ALL INTERNATIONAL RULES AND REGULATIONS, AND ALWAYS IN ACCORDANCE WITH
INDUSTRY PRACTICES. THIS IS NOT LIMITED TO, BUT DOES INCLUDE THE NEED TO USE SUITABLY
QUALIFIED AND EXPERIENCED PERSONNEL FOR ALL PILOTAGE, TUGS, MOORING, UNMOORING AND
LOADING OPERATIONS.
IN ADDITION:
1) CHARTERER WARRANTS THAT ALL PERSONNEL INVOLVED IN THE MANOEUVRING,
DOCKING/UNDOCKING AND CARGO TRANSFER OPERATION(S) SHALL BE CERTIFIED AND SKILLED
PROFESSIONALS, WITH PRIOR EXPERIENCE AT THE TERMINAL.
2) CHARTERER WARRANTS THAT THE TERMINAL WILL PROVIDE THE NECESSARY COMMUNICATION AND
EQUIPMENT WITH/FOR SHORE/TERMINAL PERSONNEL THROUGHOUT THE LOADING OPERATION(S).
3) CHARTERER WARRANTS THAT THE TERMINAL WILL BE FULLY EQUIPPED AND MANNED BY
EXPERIENCED PERSONNEL TO PROVIDE THE NECESSARY SUPPORT TO THE VESSEL IN THE EVENT OF
ANY EMERGENCIES. THIS IS NOT LIMITED TO STOPPAGE OF CARGO TRANSFER AT TERMINAL REQUEST,
OIL SPILL, SECURITY OF THE VESSEL AND CREW, MEDICAL ATTENTION FOR THE CREW, FIRE
THESE CONDITIONS ARE TO BE KEPT PRIVATE AND CONFIDENTIAL.

LOADPORT STRIKE CLAUSE


IF GENERAL STRIKE IN LOADPORT LAYTIME TO COUNT IN FULL UPON TENDERING NOR AND TO PAY
THE FULL DEMURRAGE IF ON DEMURRAGE. NOR IN LOADPORT TO BE CONSIDERED VALID UPON VESSEL
ARRIVAL AND TENDERING AT THE NOMINATED PORT OR AS REASONABLY NEAR AS THE VESSEL CAN
SAFELY PROCEED TO.

OWNERS/DISPONENT OWNERS TO PROVİDE FOLLOWİNG DOCUMENTS VESSEL:

1. Q88 (UPDATED WİTHİN LAST 7 DAYS)

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2. CREW LIST (UPDATED WİTHİN LAST 7 DAYS)

3. DOCUMENT OF COMPLİANCE

4. SAFETY MANAGEMENT CERTİFİCATE

5. CERTİFİCATE OF REGİSTRY

6. CLASS CERTİFİCATE

7. CLASS STATUS REPORT (UPDATED WİTHİN LAST 7 DAYS)

8. P&I CERTİFİCATE OF ENTRY

9. H&M INSURANCE

10. CLC FOR OİL POLLUTİON DAMAGE

11. CLC FOR BUNKER OİL POLLUTİON DAMAGE

12. IOPP CERTİFİCATE

13. INTERNATİONAL SHİP SECURİTY CERTİFİCATE

14. GENERAL ARRANGEMENT PLAN

15. MOORİNG ARRANGEMENT

16. BOW ARRANGEMENT

17. MANİFOLD ARRANGEMENT

18. STS OPERATİON PLAN WİTH APPROVAL LETTER

19. HOSE HANDLİNG CRANE TEST

20. LİST OF LAST 10 PORTS OF CALL

21. SANCTİONS WARRANTY LETTER


GASVOY CANCELLATION CLAUSE

IF IT APPEARS THAT VESSEL DELAYED BEYOND THE CANCELLING DATE, OWNERS SHALL,
AS SOON AS THEY ARE IN A POSITION TO STATE WITH REASONABLE CERTAINTY THE DAY
ON WHICH VESSEL SHOULD BE READY, GIVE NOTICE THEREOF TO CHARTERERS ASKING
WHETHER THEY WILL EXERCISE THEIR OPTION OF CANCELLING, AND THE OPTION MUST
THEN BE DECLARED WITHIN 1 WORKING DAYS OF THE RECEIPT BY CHARTERERS AND
SUBMISSION BY OWNERS OF SUCH NOTICE, OTHERWISE THIS CHARTER TO REMAIN IN FULL
FORCE AND EFFECT. IF CHARTERERS DO NOT THEN EXERCISE THEIR OPTION OF
CANCELLING, THE THIRD DAY AFTER THE READINESS DATE STATED IN OWNERS' NOTICE
SHALL BE REGARDED AS A NEW CANCELLING DATE FOR THE PURPOSE OF THIS CLAUSE.
BIMCO INFECTIOUS OR CONTAGIOUS DISEASES CLAUSE FOR VOYAGE CHARTER PARTIES

(A) FOR THE PURPOSES OF THIS CLAUSE, THE WORDS:

“DISEASE” MEANS A HIGHLY INFECTIOUS OR CONTAGIOUS DISEASE THAT IS


SERIOUSLY HARMFUL TO HUMANS.

“AFFECTED AREA” MEANS ANY PORT OR PLACE WHERE THERE IS A RISK OF EXPOSURE

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TO THE VESSEL, CREW OR OTHER PERSONS ON BOARD TO THE DISEASE AND/OR TO A RISK
OF QUARANTINE OR OTHER RESTRICTIONS BEING IMPOSED IN CONNECTION WITH THE
DISEASE.

(B) THE VESSEL SHALL NOT BE OBLIGED TO PROCEED TO OR CONTINUE TO OR REMAIN


AT ANY PLACE WHICH, IN THE REASONABLE JUDGEMENT OF THE MASTER/OWNERS, BECOMES
AN AFFECTED AREA AFTER THE DATE OF THIS CHARTER PARTY

(C) IN ACCORDANCE WITH SUB-CLAUSE (B):

AT ANY TIME BEFORE LOADING COMMENCES, THE OWNERS MAY GIVE NOTICE TO THE CHARTERERS
CANCELLING THIS CONTRACT OF CARRIAGE OR MAY REFUSE TO PERFORM SUCH PART OF IT AS
WILL REQUIRE THE VESSELTO ENTER OR REMAIN AT AN AFFECTED AREA;

IF LOADING HAS COMMENCED, THE OWNERS MAY NOTIFY THE CHARTERERS THAT THE VESSEL WILL
LEAVE WITH OR WITHOUT CARGO ON BOARD,PROVIDED ALWAYS THAT IF THE CHARTER PARTY
PROVIDES THAT LOADING ORDISCHARGING IS TO TAKE PLACE WITHIN A
RANGE OF PORTS, THE OWNERS SHALL FIRST REQUEST THE CHARTERERS TO NOMINATE ANY
OTHER SAFE PORT WHICH LIES WITHIN THE RANGE FOR LOADING AND DISCHARGING AND
MAY ONLY CANCEL THIS CHARTER PARTY OR LEAVE THE LOADING PORT IF THE CHARTERERS
FAIL TO NOMINATE SUCH ALTERNATIVE SAFE PORT WITHIN FORTY-EIGHT
(48) HOURS OF RECEIPT OF NOTICE OF SUCH REQUEST. IF PART CARGO HAS BEEN
LOADED, THE VESSEL MAY COMPLETE WITH CARGO FOR THE OWNERS’ ACCOUNT AT ANY
OTHER PORT OR PORTS WHETHER OR NOT ON THE CUSTOMARY ROUTE FOR THE CHARTERED
VOYAGE.

(D) IF PRIOR TO OR AFTER ARRIVAL AND IN ACCORDANCE WITH SUB-CLAUSE (B) THE
DISCHARGING PORT IS DETERMINED TO BE IN AN AFFECTED AREA, THE OWNERS MAY
REQUEST THE CHARTERERS TO NOMINATE AN ALTERNATIVE SAFE PORT WHICH LIES
WITHIN THE CHARTER PARTY RANGE. IF THE CHARTERERS FAIL TO MAKE SUCH
NOMINATION WITHIN FORTY-EIGHT (48) HOURS OF RECEIPT OF THE OWNERS’ REQUEST,
THE OWNERS
MAY DISCHARGE THE CARGO, OR SUCH CARGO REMAINING ON BOARD IF DISCHARGING HAS
NOT BEEN COMPLETED, AT ANY SAFE PORT OF THEIR CHOICE (INCLUDING THE PORT OF
LOADING) IN COMPLETE FULFILMENT OF THE CONTRACT OF CARRIAGE. IF DISCHARGE
TAKES PLACE AT ANY PORT OTHER THAN THE LOADING PORT OR AT A PORT THAT LIES
OUTSIDE THE RANGE OF PORTS IN THE CHARTER PARTY, THE OWNERS SHALL BE ENTITLED
TO RECOVER FROM THE CHARTERERS THE EXTRA EXPENSES OF SUCH DISCHARGE, TO
RECEIVE FULL FREIGHT AS IF THE CARGO HAD BEEN CARRIED TO THE DISCHARGING
PORT AND, IF THE EXTRA DISTANCE EXCEEDS 100 MILES, TO ADDITIONAL FREIGHT
WHICH SHALL BE THE SAME PERCENTAGE OF THE FREIGHT CONTRACTED FOR AS THE
PERCENTAGE
WHICH THE EXTRA DISTANCE REPRESENTS TO THE DISTANCE OF THE NORMAL AND
CUSTOMARY ROUTE. THE OWNERS SHALL HAVE A LIEN ON THE CARGO FOR SUCH EXTRA
EXPENSES AND FREIGHT.

(E) THE OWNERS SHALL NOT BE OBLIGED TO SIGN, AND THE CHARTERERS SHALL NOT
ALLOW OR AUTHORISE THE SIGNING OF, BILLS OF LADING, WAYBILLS OR OTHER
DOCUMENTS EVIDENCING CONTRACTS OF CARRIAGE FOR ANY AFFECTED AREA.
(F) IF, NOTWITHSTANDING SUB-CLAUSES (B) TO (E), THE VESSEL DOES
PROCEEDTO OR CONTINUE TO OR REMAIN AT AN AFFECTED AREA:

(I) THE OWNERS SHALL NOTIFY THE CHARTERERS OF THEIR DECISION BUT THE
OWNERS SHALL NOT BE DEEMED TO HAVE WAIVED ANY OF THEIR RIGHTS UNDER THIS
CHARTER PARTY.

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(II) THE OWNERS SHALL ENDEAVOUR TO TAKE SUCH REASONABLE MEASURES IN


RELATION TO THE DISEASE AS MAY FROM TIME TO TIME BE RECOMMENDED BY THE
WORLD HEALTH ORGANISATION.

(III) ANY ADDITIONAL COSTS, EXPENSES OR LIABILITIES WHATSOEVER ARISING


OUT OF THE VESSEL VISITING OR HAVING VISITED AN AFFECTED AREA, INCLUDING
BUT NOT LIMITED TO SCREENING, CLEANING, FUMIGATING AND/OR QUARANTINING
THE VESSEL AND
ITS CREW, SHALL BE FOR THE CHARTERERS’ ACCOUNT AND ANY TIME LOST SHALL COUNT
AS LAYTIME OR TIME ON DEMURRAGE.

(G) THE VESSEL SHALL HAVE LIBERTY TO COMPLY WITH ALL ORDERS, DIRECTIONS,
RECOMMENDATIONS OR ADVICE OF COMPETENT AUTHORITIES AND/OR THE FLAG STATE
OF THE VESSEL IN RESPECT OF ARRIVAL, ROUTES, PORTS OF CALL, DESTINATIONS,
DISCHARGE OF CARGO, DELIVERY OR IN ANY OTHER RESPECT WHATSOEVER RELATING
TO ISSUES ARISING AS A RESULT OF THE VESSEL BEING OR HAVING BEEN ORDERED
TO AN AFFECTED AREA.

(H) IF IN COMPLIANCE WITH THIS CLAUSE ANYTHING IS DONE OR NOT DONE, SUCH
SHALL NOTBE DEEMED A DEVIATION BUT SHALL BE CONSIDERED AS DUE FULFILMENT OF
THIS CHARTER PARTY. IN THE EVENT OF A CONFLICT BETWEEN THE PROVISIONS OF THIS
CLAUSE AND ANY IMPLIED OR EXPRESS PROVISION OF THIS CHARTER PARTY, THIS CLAUSE
SHALL PREVAIL TO THE EXTENT OF SUCH CONFLICT, BUT NO FURTHER.

(I) THE CHARTERERS SHALL INDEMNIFY THE OWNERS FOR CLAIMS ARISING OUT OF
THEVESSEL PROCEEDING IN ACCORDANCE WITH ANY OF THE PROVISIONS OF SUB-CLAUSES
(B) TO (H) WHICH ARE MADE UNDER ANY BILLS OF LADING, WAYBILLS OR OTHER
DOCUMENTS EVIDENCING CONTRACTS OF CARRIAGE.

(J) THE CHARTERERS SHALL PROCURE THAT THIS CLAUSE SHALL BE INCORPORATED INTO
ALL BILLS OF LADING, WAYBILLS OR OTHER DOCUMENTS EVIDENCING CONTRACTS OF

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CARRIAGE ISSUED PURSUANT TO THIS CHARTER PARTY.

LIEN

OWNERS SHALL HAVE AN ABSOLUTE LIEN UPON THE CARGO AND ALL SUBFREIGHTS FOR ALL
AMOUNTS DUE UNDER THIS CHARTER AND THE COST OF RECOVERY THEREOF INCLUDING ANY
EXPENSES WHATSOEVER ARISING FROM THE EXERCISE OF SUCH LIEN UNLESS OTHERWISE
PAID BY CHARTERS ASPER THIS RECAP/AGREEMENT.

END RECAP

2:1(56',63 2:1(56
9,&725< 2,/ &25325$7,21

Enrique Firmado
digitalmente por
Omar Enrique Omar
Aránguiz Ortiz
Aránguiz Fecha: 2024.09.17
Ortiz
&+$57(5(56
$5$0$57 *5283 6$6
21:19:54 -03'00'

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