VOC ARAcraART SUN 1
VOC ARAcraART SUN 1
VOC ARAcraART SUN 1
DATE:17/09/24
ACC:
ARAMART GROUP S.A.S.
OWNERS/DISPONENT OWNERS:
VICTORY OIL CORPORATION.
// CLEAN VERSION //
(TITLE)
SHIPPER:PDVSA
CONSIGNEER:XXXXXXXXX
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PRIVATE & CONFIDENTIAL
(VESSEL)
(CARGO)
HEAT : N/A
---------------- ------------------------------------------------------
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PRIVATE & CONFIDENTIAL
),1$1&,$/
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.
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
PAYMENT CURRENCY: USD AS PER INVOICE TO/BY OWNERS OR PER OWNERS LETTTER OF
AUTHORIZATION TOCOMMERCIAL OPERATORS.
- TIME TO BE SPENT ANY DELAY TO THE SHIP FOR SWITCHING DOCUMENTS SHALL NOT BE
ACCOUNT AS LAYTIME.
TO BE ISSUED BY CHARTERER
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PRIVATE & CONFIDENTIAL
• 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.
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PRIVATE & CONFIDENTIAL
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.
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PRIVATE & CONFIDENTIAL
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:
DELAYS IN BERTHING FOR DISCHARGING AND ANY DELAYS AFTER BERTHING WHICH
ARE DUE TO WEATHER CONDITIONS SHALL COUNT AS ONE HALF LAYTIME.
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
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.
LIGHTERAGE/TRANSSHIPMENT CLAUSE
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);
SANCTION CLAUSE
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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.
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TO BEAPPLIED
- 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
GA/ARBIRATION - LONDON.
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- STS CLAUSE
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.
- 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.
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3. DOCUMENT OF COMPLİANCE
5. CERTİFİCATE OF REGİSTRY
6. CLASS CERTİFİCATE
9. H&M INSURANCE
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
“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.
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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(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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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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