NAABSA 合同下rightship 的灵魂拷问
日期:2020-08-10 阅读:1602
  遇到合同下有南美航次NAABSA CLAUSE 的合同, 本来船舶能在预计的时间内抢高潮装货完开航, 结果开始装2个小时来雨了, 来雨了!船长紧急报告代理/租家 ,要求安排离泊位,你可要知道,巴西santos或者阿根廷BB /necochea谁理你?租家也同样说合同有NAABSA CLAUSE,当然船长/船东在提出相关的protest以及通知相关方之后,采取谨慎做法,保持测量所有水柜/污水井等,以及航行中保持持续检测,到卸港水清的地方安排/class attendance/supervison下的diving inpection 。结果报告给rightship,来了以下的拷问,看来第一rightship 以及变成一盈利的组织已经不择手段了,作为船东需要谨慎处理相关问题了,免得一报告反而出现一堆给自己找的麻烦了:

  •   Was the crew aware of the NABSA clause in the CP?
  •   Was it the first call to this port/berth by any of the vessel within the fleet?
  •   Has the risk assessment been carried out? Any plans to amend the SMS and include risk assessment to be carried out for the NABSA ports?
  •   Also as a preventative action wouldnt be advisable to include procedures to carry out soundings after arrival, prior loading commencement?
  •   Did the company disseminated lesson learned from the grounding to the fleet?
  •   Did the company took the matter with the agent after the grounding to make sure they will provide better port/berth information for the future?
  •   Kindly provide extracts form the ECDIS clearly indicating the charted depth at the berth and UKC during the period of stay at the berth along with the tides for the date and time at the berth(27th Aug and 31th Aug as per attached LOP).
  •   Provide the vessel’s loading plan clearly indicating the estimated drafts along with UKC at each stage of the loading(do provide the loading plan).
  •   Any communications with the agents / port authorities in relation the permitted draft at the berth.
  •   Confirm whether the NAFBSA / NAAFBSA clauses were incorparated in the CP for that voyage.
  以下是最新的NAABSA bimco clause 的解释和条款:

  NAABSA provisions generally form part of the berthing clause of charter parties but are often rather limited in their scope. Therefore, the BIMCO Secretariat has received over the years numerous requests from Members for some standard wording to add to charter parties when agreeing that the vessel can load or discharge while lying safely aground.

  The newly developed NAABSA Wording is not a free-standing clause but is an additional wording to be added to berthing provisions in charter parties when NAABSA has been agreed by the parties. Since NAABSA is a risk assumed by owners, the new standard wording is designed to be protective of their interests when agreeing to charterers' requests to lie aground. The wording is intended to be a starting point for negotiations and should the owners have any reservations as to where they would accept NAABSA, for instance particular ports and places, they should ensure that such reservations are reflected in the charter party.

  BIMCO NAABSA Charter Party Wording

  Note: This wording to be added to the existing berthing provisions in charter parties

  Always subject to the Owners’ approval, which is not to be unreasonably withheld, the Vessel during loading and/or discharging may lie safely aground at any safe berth or safe place where it is customary for vessels of similar size, construction and type to lie, if so requested by the Charterers, provided always that the Charterers have confirmed in writing that vessels using the berth or place will lie on a soft bed and can do so without suffering damage.

  The Charterers shall indemnify the Owners for any loss, damage, costs, expenses or loss of time, including any underwater inspection required by class, caused as a consequence of the Vessel lying aground at the Charterers’ request.

  但是我比较喜欢下面的条款:

  NAABSA is allowed only for grain load in Argentina, Brazil, Uruguay and Buenaventura, for Buenaventura same to be subject to owners approval which not be unreasonably withheld. Upon Charterers request, Owners to revert promptly with their approval or not. The Vessel during loading and/or discharging may lie safely aground at any safe berth or safe place where it is customary for vessels of similar size, construction and type to lie, if so requested by the Charterers, provided always that the Charterers have confirmed in writing that vessels using the berth or place will lie on a soft bed and can do so without suffering damage.

  The Charterers shall indemnify the Owners for any loss, damage, costs, expenses or loss of time, including any underwater inspection required by Master or Class, caused as a consequence of the Vessel lying aground and the Vessel always remains on hire.
  

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    作者:Capt. Xiong (海运圈聚焦专栏作者)

  微信公众号:老熊说散货海运(captxiong01)
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