NYPE46(土产格式)中英对照版本(3)

2019-08-31 09:50

96 their Agents to have the option of cancelling this Charter at any time not later than the day of vessels readiness

97 15 That in the event of the loss of time from deficiency of men or stores fire breakdown or damages to hull machinery or equipment

98 grounding detention by average accidents to ship or cargo drydocking for the purpose of examination or painting bottom or by any other cause

99 preventing the full working of the vessel the payment of hire shall cease for the time thereby lost and if upon the voyage the speed be reduced by

100 defect in or breakdown of any part of her hull machinery or equipment the time so lost and the cost of any extra fuel consumed in consequence

101 thereof and all extra expenses shall be deducted from hire 102 16 That should the Vessel be lost money paid in advance and not earned reckoning from the date of loss or being last heard of shall be

103 returned to the Charterers at once The act of God enemies fire restraint of Princes Rulers and People and all dangers and accidents of the Seas

104 Rivers Machinery Boilers and Steam Navigation and errors of

Navigation throughout this Charter Party always mutually excepted

105 The vessel shall have the liberty to sail with or without pilots to tow and to be towed to assist vessels in distress and to deviate for the

106 purpose of saving life and property

107 17 That should any dispute arise between Owners and the Charterers the matter in dispute shall be referred to three persons at New York

108 one to be appointed by each of the parties hereto and the third by the two so chosen their decision or that of any two of them shall be final and for

109 the purpose of enforcing any award this agreement may be made a rule of the Court The Arbitrators shall be commercial men

110 18 That the Owners shall have a lien upon all cargoes and all sub-freight for any amounts due under this Charter including General Aver-

111 age contributions and the Charterers to have a lien on the Ship for all monies paid in advance and not earned and any overpaid hire or excess deposit

112 to be returned at once Charterers will not suffer nor permit to be continued any lien or encumbrance incurred by them or their agents which

113 might have priority over the title and interest of the owners in the vessel

114 19 That all derelicts and salvage shall be for Owners and Charterers equal benefit after deducting Owners and Charterers expenses and

115 Crews proportion General Average shall be adjusted stated and settled according to Rules 1 to 15 inclusive 17 to 22 inclusive and Rule F of

116 York-Antwerp Rules 1924 at such port or place in the United States as may be selected by the carrier and as to matters not provided for by these

117 Rules according to the laws and usages at the port of New York In such adjustment disbursements in foreign currencies shall be exchanged into

118 United States money at the rate prevailing on the dates made and allowances for damage to cargo claimed in foreign currency shall be converted at

119 the rate prevailing on the last day of discharge at the port or place of final discharge of such damaged cargo from the ship Average agreement or

120 bond and such additional security as may be required by the carrier must be furnished before delivery of the goods Such cash deposit

as the carrier

121 or his agents may deem sufficient as additional security for the contribution of the goods and for any salvage and special charges thereon shall if

122 required be made by the goods shippers consignees or owners of the goods to the carrier before delivery Such deposit shall at the option of the

123 carrier be payable in United States money and be remitted to the adjuster When so remitted the deposit shall be held in a special account at the

124 place of adjustment in the name of the adjuster pending settlement of the General Average and refunds or credit balances if any shall be paid in

125 United States money

126 In the event of accident danger damage or disaster before or after commencement of the voyage resulting from any cause whatsoever

127 whether due to negligence or not for which or for the consequence of which the carrier is not responsible by statute contract or otherwise the

128 goods the shipper and the consignee jointly and severally shall contribute with the carrier in general average to the payment of any

sacrifices

129 losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the

130 goods If a salving ship is owned or operated by the carrier salvage shall be paid for as fully and in the same manner as if such salving ship or ships

131 belonged to strangers

132 Provisions as to General Average in accordance with the above are to be included in all bills of lading issued hereunder

133 20 Fuel used by the vessel while off hire also for cooking condensing water or for grates and stoves to be agreed to as to quantity and the

134 cost of replacing same to be allowed by Owners

2135 21 That as the vessel may be from time to time employed in tropical waters during the term of this Charter Vessel is to be docked at a

136 convenient place bottom cleaned and painted whenever Charterers and Captain think necessary at least once in every six months reckoning from

137 time of last painting and payment of the hire to be suspended until she is again in proper state for the service


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